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HEALTH  SCIENCES  STANDARD 


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NEW  YORK 

STATE  DEPARTMENT  OF  HEALTH 

ALBANY,  N.  Y. 


PUBLIC    HEALTH 

MANUAL 


OCTOBER  1,  1916 


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HERMANN  M.  BIGGS,  M.D. 
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NEW  YORK 
STATE  DEPARTMENT  OF  HEALTH 

HERMANN  M.  BIGGS,  M.  D. 

Commissioner 


The  Public  Health  Law 


CONTAINING  ALSO 


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Rules  and  Regulations  of   the  New  York 
State  Department  of  Health 


ALBANY 

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1916 


PUBLIC   HEALTH   LAW 
Table  of  Contents 


PAGE 

Officers   of  the   Department 2 

The    Public   Health    Law 7 

State   Department   of   Health 7 

Local    Boards   of   Health 22 

Adulterations     48 

Potable    Waters    55 

Quarantine  at  the  Port  of  New  York 75 

Health  officer  of  the  Port  of  New  York 81 

Practice  of  Medicine 97 

Dental  Societies  and  the  Practice  of  Dentistry.  112 

Veterinary  Medicine  and  Surgery 131 

Pharmacy    141 

Habit    Forming    Drugs 163 

Registration  of  Nurses 171 

Chiropody     173 

Embalming  and  Undertaking 183 

Optometry     191 

Preservation   of  Life   and  Health 196 

Vaccination  of  School  Children 198 

Institutions  for  Children 202 

Tuberculosis  Law   210 

Cold  Storage    224 

Pasteur     Institute     and     the     Prevention     of 

Hydrophobia    231 

Cleanliness  in  the  Preparation  and  Service  of 

Pood 232 

Suppression  of  Certain  Nuisances , .  233 

State    Institute    for    the    Study    of    Malignant 

Disease    237 

Operations  for  the  Prevention  of  Procreation . .  241 

Sanitary  Conditions  in  Hotels 243 

Vital  Statistics   245 

Extracts     from     Other     Laws     Concerning     Public 
Health    and    Public    Health    Authorities: 

Agricultural    Law    267 

Conservation   Law    296 

County   Law    298 

Domestic   Relations   Law 322 

Drainage  Law    335 

Education  Law    336 

General   Business   Law 345 


4  Contents 

PAGE 

Extracts  from  Other  Laws,  Etc. —  Continued: 

General  City  Law    347 

General  Municipal  Law 348 

Insanity   Law 350 

Labor  Law   363 

Penal   Law 389 

Town  Law    410 

Village   Law    430 

General  Rules  and  Regulations  Established  by  the 
Commissioner  of  Health: 
Rules   Relating  to   the   Transportation    of   the 

Dead    443 

Regulations  Governing   Cold   Storage   and  Re- 
frigerating   Warehouses 445 

Rules  for  cleansing  and  disinfection 451 

The  Sanitary  Code: 

Introductory  Note 474 

Chapter      I.  Definitions    and    General    Provi- 
sions     476 

Chapter     II.  Communicable  Diseases 477 

Chapter  III.  Milk  and  Cream 500 

Chapter    IV.  Midwives 510 

Chapter      V.  Labor  Camps 513 

Chapter    VI.  Nuisances  which   may  affect  life 

and  health 519 

Chapter  VII.  Miscellaneous 520 

Qualifications     of     Health     Officers,     Sanitary 
Supervisors,  Supervising  Nurses  and  Public 

Health    Nurses 524 

Regulations  in  regard  to  official  order  blanks 

for  purchase  of  habit  forming  drugs 170 

Creation   of   commission   to   negotiate  transfer 
of  quarantine  station  to  United  S'tates 80 


NEW  YORK  STATE  DEPARTMENT  OF  HEALTH 


Commissioner,   Hermann   M.   Biggs,   M.D.,   LL.D. 

Deputy   Commissioner.    Linnly    R.   Williams,    M.D. 

Secretary,   Matthias   Nicoll,   jr.,  M.D. 

Directors  of  Divisions 

Division   of   Sanitary   Engineering .. Theodore   Horton,   C.E. 

Division  of  Laboratories  and   Research 

Augustus  B.  Wadsworth,  M.D. 

Division  of  Vital   Statistics Cressy  L.   Wilbur,   M.D. 

Division  of  Communicable  Diseases.  .  .Fred  M.  Meadeb,  M.D. 

Division  of  Child  Hygiene Henry  L.  K.  Shaw,  M.D. 

Division  of  Public    J  lealth    Education 


Supervisor    of    Tuberculosis Otto    R.    Eichel,    M.D. 

Consulting  Staff 

Bacteriologist William  H.  Park,  M.D. 

Director,  Laboratories,  N.  Y.  City  Dept.  of  Health 

Animal  Pathology Theobald  Smith,  M.D. 

Former     Professor,     Comparative     Pathology.     Harvard 

University;   Director,  Division  of  Animal   Pathology, 

Rockefeller     Institute     for     Medical     Research 

Communicable  Disease Alvah  H.  Doty,  M.D. 

Former  Health    Officer  of  the   Port   of  New   York 

Surgeon George  D.   Stewart,   M.D. 

Professor    of    Surgery,    New    York    University    and    Bellevue 
Hospital   Medical    College 

Dermatologist Frederic   C.   Curtis,   M.D. 

Former  Professor,  Dermatology,  Albany  Medical   Colleee 

Pediatrician L.  Emmett  Holt,  M.D.,  LL.D. 

Professor,    Diseases    of    Children,    Columbia    University, 
New  York  City 

Statistician Walter  F.  Willcox,  Ph.D. 

Professor,  Political  Economy  and  Statistics,  Cornell 
University 

Public    Health    Education C.-E.   A.    Winslow 

Professor  of  Public  Health,   l'ale  University 


Public  Health  Council 

Hermann  M.  Biggs,  M.D.,  LL.D.,  New  York  City,  Chairman 

Mrs.    Elmer    Blair Albany 

Chairman,     Public     Health     Dept..     General     Federation     of 
"Women's   Clubs 

Simon  Flexner,  M.D.,  LL.D New  York  City 

Director,    Laboratories   of   Rockefeller   Institute   for   Medical 

Research 

Homer    Folks,    LL.D Yonkers 

Secretary,  State  Charities  Aid  Association 

Henry   N.    Ogden,   C.E Ithaca 

Professor,  Sanitary  Engineering,  Cornell  University 

T.  Mitchell  Prudde>,  M.D..  LL.D New  York  City 

Vice-president,    Board   of    Scientific   Directors,    Rockefeller 
Institute    for   Medical    Research 

Wilhelm    Gaertner,    A.M.,    M.D.,    Ph.D Buffalo 

Attending  Physician,  German  Hospital 


PUBLIC   HEALTH  LAW 

L.  1909,  ch.  49,  constituting    chap.    45  of  Cons.  Laws 

ARTICLE    I 

Short  Title 

Section  1.  Short  title.     This  chapter  shall  be  known 
as  the  "  Public  Health  Law." 

ARTICLE    II 

State  Department  of  Health 

Section    2.      State  department  of  health;  commissioner 
of  health;  deputy. 
2-a.  Public  health  council. 
2-b.  Sanitary  code. 
2-c.  Enforcement  of  sanitary  code. 

3.  Compensation  of  officers  and  employees. 
3-a.  Divisions. 

4.  General  powers  and  duties  of  commissioner. 
4-a.  Sanitary    districts;     sanitary    supervisors; 

public  health  nurses. 
4-b.  Duties    of    commissioner    with    respect    to 

laboratories. 
4-c.  Duties    of    commissioner    with    respect    to 

hospitals  for  contagious  diseases. 

5.  Duties  with  respect  to  vital  statistics. 
5-a.  Regulation  and  control  of  autopsies. 

6.  Nuisances. 

7.  Overflow  of  water  from  the  canals. 

8.  Employment  of  local  boards  and  experts. 

[7] 


8  The  Public  Health  Law 

Section    9.     Examination     and     inspection     of     public 
works. 

10.  Acquisition  of  land. 

11.  Power    of    commissioner    where    board    of 

health  fails  to  appoint  health  officer. 

12.  Annual  report. 

13.  Tenement  houses  in  cities. 

14.  Approval  of  plans  for  certain  works  built 

by  state  and  inspection  of  state  institu- 
tions by  state  commissioner  of  health. 

15.  State  board  of  health  to  mean  department 

of  health. 

16.  Pending    actions    and    proceedings    not    af- 

fected. 
17.     Violations  of  health  laws  or  regulations 

§  2.  State  department  of  health;  commissioner  of 
health;  deputy.  The  state  department  of  health  and 
the  office  of  commissioner  of  health  are  continued. 
The  commissioner  of  health  shall  be  the  head  of  such 
department.  Such  commissioner  shall  be  appointed  by 
the  governor,  by  and  with  the  advice  and  consent  of  the 
senate,  and  shall  be  a  physician,  a  graduate  of  an 
incorporated  medical  college,  of  at  least  ten  years' 
experience  in  the  actual  practice  of  his  profession,  and 
of  skill  and  experience  in  public  health  duties  and  sani- 
tary science.  During  his  term  of  office  he  shall  not 
engage  in  any  occupation  which  would  conflict  with  the 
performance  of  his  official  duties.  The  term  of  office 
of  the  commissioner  shall  be  six  years,  beginning  on 
the  first  day  of  January  of  the  year  in  which  he  is 
appointed.  The  commissioner  of  health  shall  appoint 
and  at  pleasure  remove  a  deputy  commissioner,  who 
shall  be  a  physician  actively  engaged  in  the  practice 
of  his  profession  in   this  state  for  at  least  five  years. 


Public  Health  Council  9 

The  deputy  shall  perform  such  duties  as  shall  be  pre- 
scribed by  the  commissioner.  (Anrd  by  L.  1913,  ch. 
559.  in  effect  May  16,  1913.) 

§  2-a.  Public  health  council.  There  shall  be  a  public 
health  council  to  consist  of  the  commissioner  of  health, 
and  six  members  hereinafter  called  the  appointive  mem- 
bers, to  be  appointed  by  the  governor,  of  whom  at  least 
three  shall  be  physicians  and  shall  have  had  training 
or  experience  in  sanitary  science,  and  one  shall  be  a 
sanitary  engineer.  Of  the  appointive  members  first 
appointed  one  shall  hold  office  until  January  first, 
nineteen  hundred  and  fourteen,  one  until  January 
first,  nineteen  hundred  and  fifteen,  one  until  January 
first,  nineteen  hundred  and  sixteen,  one  until  January 
first,  nineteen  hundred  and  seventeen,  one  until  Jan- 
uary first,  nineteen  hundred  and  eighteen,  and  one  until 
January  first,  nineteen  hundred  and  nineteen,  and  the 
terms  of  office  of  members  thereafter  appointed,  except 
to  fill  vacancies,  shall  be  six  years.  Vacancies  shall  be 
filled  by  appointment  for  the  unexpired  term.  The 
public  health  council  shall  meet  as  frequently  as  its 
business  may  require,  and  at  least  twice  in  each  year. 
The  governor  shall  designate  one  of  the  members  of  the 
public  health  council  as  its*  chairman.  The  commis- 
sioner of  health  upon  the  request  of  the  public  health 
council  shall  detail  an  officer  or  employee  of  the  de- 
partment of  health  to  act  as  secretary  of  the  public 
health  council,  and  shall  detail  from  time  to  time  such 
other  employees  as  the  public  health  council  may  re- 
quire. The  public  health  council  shall  enact  and  from 
time  to  time  may  amend  by-laws  in  relation  to  its 
meetings  and  the  transaction  of  its  business.  The  mem- 
bers of  the  public  health  council  other  than  the  com- 
missioner of  health  shall  each  receive  an  annual  salary 
of  one  thousand  dollars  and  all  members  shall  be 
reimbursed   for    their   reasonable   and   necessary   travel- 


10  The  Public  Health  Law 

ing  and  other  expenses  incurred  in  the  performance  of 
their  official  duties.  (Added  by  L.  1913,  ch.  559,  in  effect 
May  16,  1913.) 

§  2-b.  Sanitary  code.  The  public  health  council  shall 
have  power  by  the  affirmative  vote  of  a  majority  of 
its  members  to  establish  and  from  time  to  time  amend 
sanitary  regulations,  hereinafter  called  the  sanitary 
code,  without  discrimination  against  any  licensed  phy- 
sicians. The  sanitary  code  may  deal  with  any  matters 
affecting  the  security  of  life  or  health  or  the  preserva- 
tion and  improvement  of  public  health  in  the  state  of 
New  York,  and  with  any  matters  as  to  which  juris- 
diction is  hereinafter  conferred  upon  the  public  health 
council.  The  sanitary  code  may  include  provisions 
regulating  the  practice  of  midwifery  and  for  the  pro- 
motion of  health  in  any  or  all  Indian  reservations. 
Every  regulation,  adopted  by  the  public  health  council 
shall  state  the  date  on  which  it  takes  effect,  and  a 
copy  thereof,  duly  signed  by  the  secretary  of  the  public 
health  council,  shall  be  filed  in  the  office  of  the  secretary 
of  state,  and  a  copy  thereof  shall  be  sent  by  the  com- 
missioner of  health  to  each  health  officer  within  the 
state,  and  shall  be  published  in  such  manner  as  the 
public  health  council  may  from  time  to  time  determine. 
The  provisions  of  the  sanitary  code  shall  have  the  force 
and  effect  of  law  and  any  violation  of  any  portion 
thereof  may  be  declared  to  be  a  misdemeanor.  No  pro- 
vision of  the  sanitary  code  shall  relate  to  the  city  of 
New  York  or  any  portion  thereof,  and  every  provision 
of  the  sanitary  code  shall  apply  to  and  be  effective  in 
all  portions  of  the  state  except  the  city  of  New  York 
unless  stated  otherwise.  (Added  by  L.  1913,  ch.  559, 
in  effect  May  16,  1913.) 

§  2-c.  Enforcement  of  sanitary  code.  The  provisions 
of  the  sanitary  code  shall,  as  to  matters  to  which  it 
relates,  and  in  the  territory  prescribed  therefor  by  the 


Public  Health  Council  11 

public  health  council,  supersede  all  local  ordinances 
heretofore  or  hereafter  enacted  inconsistent  therewith. 
Each  city,  town  or  village  may,  in  the  manner  herein- 
after prescribed,  enact  sanitary  regulations  not  incon- 
sistent with  the  sanitary  code  established  by  the  public 
health  council.  The  public  health  council  shall  have 
power  to  prescribe  by  regulations  the  qualifications  of 
directors  of  divisions,  sanitary  supervisors,  local  health 
officers   hereafter   appointed   and   public   health   nurses. 

The  actions,  proceedings  and  authority  of  the  state 
health  department  in  enforcing  the  provisions  of  the 
public  health  law  and  sanitary  code  applying  them  to 
specific  cases  shall  at  all  times  be  regarded  as  in  thei* 
nature  judicial,  and  shall  be  treated  as  prima  facie 
just  and  legal.  All  meetings  of  said  public  health 
council  shall  in  every  suit  and  proceeding  be  taken  to 
have  been  duly  called  and  regularly  held,  and  all  regu- 
lations and  proceedings  to  have  been  duly  authorized 
unless  the  contrary  be  proved. 

The  public  health  council  shall  have  no  executive, 
administrative  or  appointive  duties.  It  shall,  at  the 
request  of  the  commissioner  of  health,  consider  any  mat- 
ter relating  to  the  preservation  and  improvement  of 
public  health,  and  may  advise  the  commissioner 
thereon;  and  it  may  from  time  to  time  submit  to  the 
commissioner  any  recommendations  which  it  may  deem 
wise.  (Added  by  L.  1913,  eh.  559,  in  effect  May  16, 
1913.)' 

§  3.  Compensation  of  officers  and  employees.  The 
commissioner  of  health  shall  receive  an  annual  salary 
of  eight  thousand  dollars,  and  his  expenses  actually 
and  necessarily  incurred  in  the  performance  of  his 
official  duties,  to  be  paid  monthly  on  the  audit  of  the 
comptroller.  The  deputy  commissioner  of  health  shall 
receive  an  annual  salary  of  five  thousand  dollars  and 
his  expenses  actually  and  necessarily  incurred  in  the 
performance  of  his  official  duties,  to  be  paid  monthly 


12  The  Public  Health  Law 

on  the  audit  of  the  comptroller.  The  commissioner  of 
health  may  employ  such  clerical  and  other  assistants 
as  are  necessary  for  the  proper  performance  of  the 
powers  and  duties  of  the  department,  and  fix  their  com- 
pensation within  the. amount  appropriated  therefor  by 
the  legislature.  (Am'd  by  L.  1913,  ch.  559,  in  effect 
May   16,  1913.) 

§  3-a.  Divisions.  There  shall  be  in  the  state  depart- 
ment of  health  the  following  divisions,  together  with 
such  other  divisions  as  the  commissioner  may  from 
time  to  time  determine: 

1.  Division  of  administration; 

2.  Division  of  sanitary  engineering; 

3.  Division  of  laboratories  and  research; 

4.  Division  of  communicable  diseases; 

5.  Division  of  vital  statistics; 

6.  Division  of  publicity  and  education; 

7.  Division  of  child  hygiene; 

8.  Division  of  public    health    nursing; 

9.  Division  of  tuberculosis. 

Each  such  division  shall  be  under  the  management 
of  a  director  appointed  by  the  commissioner.  (Added 
by  L.   1913,  ch.  559,  in  effect  May   16,  1913.) 

§  4.  General  powers  and  duties  of  commissioner.  The 
commissioner  of  health  shall  take  cognizance  of  the 
interests  of  health  and  life  of  the  people  of  the  state, 
and  of  all  matters  pertaining  thereto.  He  shall  exer- 
cise general  supervision  over  the  work  of  all  local 
health  authorities  except  in  the  city  of  New  York.  He 
shall  be  charged  with  the  enforcement  of  the  public 
health  law  and  the  sanitary  code.  He  shall  make  in- 
quiries in  respect  to  the  causes  of  disease,  especially 
epidemics,  and  investigate  the  sources  of  mortality, 
and  the  effect  of  localities,  employments  and  other 
conditions,   upon   the   public   health.      He   shall   obtain, 


State  Department  op  Health  13 

collect  and  preserve  such  information  relating  to  mor- 
tality, disease  and  health  as  may  be  useful  in  the 
discharge  of  his  duties  or  may  contribute  to  the  pro- 
motion of  health  or  the  security  of  life  in  the  state. 
He  may  issue  subpoenas,  compel  the  attendance  of  wit- 
nesses and  compel  them  to  testify  in  any  matter  or 
proceeding  before  him,  and  a  witness  may  be  required 
to  attend  and  give  testimony  in  a  county  where  he 
resides  or  has  a  place  of  business  without  the  payment 
of  any  fees.  The  commissioner  of  health  may  reverse 
or  modify  an  order,  regulation,  by-law  or  ordinance  of  a 
local  board  of  health  concerning  a  matter  which  in  his 
judgment  affects  the  public  health  beyond  the  territory 
over  which  such  local  board  has  jurisdiction;  and  may 
exercise  exclusive  jurisdiction  over  all  lands  acquired  by 
the  state  for  sanitary  purposes.  The  commissioner  of 
health  and  any  person  authorized  by  him  so  to  do,  may, 
without  fee  or  hindrance,  enter,  examine  and  survey 
all  grounds,  erections,  vehicles,  structures,  apartments., 
buildings  and  places.  (Am'd  by  L.  1913,  ch.  559,  in 
effect  May  16,  1913.) 

§  4-a.  Sanitary  districts;  sanitary  supervisors;  pub- 
lic health  nurses.  The  commissioner  of  health  shall 
from  time  to  time  divide  the  state,  except  cities  of 
the  first  class,  into  twenty  or  more  sanitary  districts. 
He  shall  appoint  for  each  of  such  districts  a  sanitary 
supervisor  who  shall  be  a  physician.  Each  sanitary 
supervisor,  under  the  direction  of  the  commissioner 
of  health  and  subject  to  the  provisions  of  the  sanitary 
code,  shall,  in  addition  to  such  other  duties  as  may  be 
imposed  upon  him,  perform  the  following  duties: 

1.  Keep  himself  informed  as  to  the  work  of  each 
local   health    officer    within    his    sanitary    district; 

2.  Aid  each  local  health  officer  within  his  sanitary 
district  in  the  performance  of  his  duties,  and  particu- 
larly  on  the   appearance   of  any   contagious   disease; 


14  The  Public  Health  Law 

3.  Assist  each  local  health  officer  within  his  sanitary 
district  in  making  an  annual  sanitary  survey  of  the 
territory  within  his  jurisdiction,  and  in  maintaining 
therein  a  continuous  sanitary  supervision; 

4.  Call  together  the  local  health  officers  within  his 
district  or  any  portion  of  it  from  time  to  time  for 
conference; 

5.  Adjust  questions  of  jurisdiction  arising  between 
local   health  officers  within  his  district ; 

6.  Study  the  causes  of  excessive  mortality  from  any 
disease   in   any  portion   of   his   district; 

7.  Promote  efficient  registration  of  births  and  deaths; 

8.  Inspect  from  time  to  time  all  labor  camps  within 
his  district  and  enforce  the  regulations  of  the  public 
health   council   in   relation   thereto; 

9.  Inspect  from  time  to  time  all  Indian  reservations 
and  enforce  all  provisions  of  the  sanitary  code  relating 
thereto; 

10.  Endeavor  to  enlist  the  cooperation  of  all  the 
organizations  of  physicians  within  his  district  in  the 
improvement   of   the  public   health   therein; 

11.  Promote  the  information  of  the  general  public  in 
all  matters  pertaining  to  the  public  health; 

12.  Act  as  the  representative  of  the  state  commis- 
sioner of  health,  and  under  his  direction,  in  securing 
the  enforcement  within  his  district  of  the  provisions  of 
the   public   health   law   and   the   sanitary   code. 

The  commissioner  of  health,  whenever  he  may  deem 
it  expedient  so  to  do,  may  employ  such  number  of  pub- 
lic health  nurses  as  he  may  deem  wise  within  the  limits 
of  his  appropriation,  and  may  assign  them  from  time 
to  time  to  such  sanitary  districts  and  in  such  manner 
as  in  his  judgment  will  best  aid  in  the  control  of  con- 
tagious and  infectious  diseases  and  in  the  promotion 
of  public  health.  (Added  by  L.  1913,  ch.  559,  in  effect 
May  1G,  1913.) 


State  Department  of  Health  15 

§  4-b.  Duties  of  commissioner  with  respect  to  labora- 
tories. The  commissioner  of  health  shall  establish  and 
maintain  one  or  more  laboratories  with  such  expert 
assistants  and  such  facilities  as  are  necessary  for 
routine  examinations  and  analyses,  and  for  original 
investigations  and  research  in  matters  affecting  public 
health.  He  shall  have  authority  to  make,  at  the  ex- 
pense of  the  state,  such  examinations  and  analyses  at 
the  request  of  any  health  officer  or  of  any  physician. 
He  may  enter  into  contracts  with  laboratories  in  locali- 
ties accessible  to  the  various  portions  of  the  state  for 
the  prompt  examination  of  specimens  received  from 
local  health  officers  or  physicians  and  for  the  immedi- 
ate report  thereon,  at  the  expense  of  the  state;  pro- 
vided that  all  such  laboratories  shall  conform  to  stand- 
ards of  efficiency  established  by  the  public  health  coun- 
cil, and  that  no  obligation  shall  be  incurred  by  the 
commissioner  in  excess  of  the  sums  available  therefor. 
(Added  by  L.  1913,  ch.  559,  in  effect  May  16,  1913.) 

§  4-c.  Duties  of  commissioner  with  respect  to  hospi- 
tals for  contagious  diseases.  The  commissioner  of 
health  shall  from  time  to  time  submit  to  the  authorities 
of  the  several  municipalities  of  the  state  such  recom- 
mendations as  he  may  deem  wise  as  to  the  establish- 
ment of  hospitals  for  contagious  diseases,  indicating 
the  diseases  for  which  in  his  judgment  provision  should 
be  made  and  the  extent  of  such  provision.  It  shall  be 
the  duty  of  the  commissioner  to  inspect  from  time  to 
time  all  hospitals  for  contagious  diseases  maintained 
under  the  jurisdiction  of  any  municipal  authority  and 
to  report  as  to  the  condition  and  needs  of  such  hos- 
pitals to  the  authorities  of  the  municipality,  and  to 
include  an  abstract  of  such  reports  in  his  annual  re- 
port. The  public  health  council  may  from  time  to 
time  establish  regulations  for  the  maintenance  of  hos- 
pitals for  contagious  diseases.  (Added  by  L.  1913,  ch. 
559,  in  effect  May   16,.  1913.) 


16  The  Public  Health  Law 

§  5.  Duties  with  respect  to  vital  statistics.  (Re- 
pealed. See  new  Vital  Statistics  Law,  article  xx* 
herein.) 

§  5-a.  Regulation  and  control  of  autopsies.  The 
commissioner  of  health  shall  prescribe  and  prepare 
the  necessary  methods  and  forms  for  obtaining  and 
preserving  records  and  statistics  of  autopsies  which 
are  conducted  by  the  coroner  or  by  his  order  within 
the  state  of  Xew  York,  and  shall  require  all  those  per- 
forming such  autopsies,  for  the  purpose  of  determining 
the  cause  of  death,  to  enter  upon  such  record  the  patho- 
logical appearances  and  findings  embodying  such  infor- 
mation as  may  be  prescribed,  and  to  append  thereto 
the  diagnosis  of  the  cause  of  death,  and  a  copy  thereof 
shall  be  duly  filed,  within  ten  days,  with  the  coroner  of 
the  county  in  which  such  autopsy  shall  be  held,  and 
a  transcript  thereof  shall  be  filed,  within  ten  days 
thereafter,  by  the  coroner,  with  the  state  commissioner 
of  health,  and  it  shall  thereupon  become  a  matter  of 
public  record  which  shall  be  open  to  the  inspection  and 
transcription  of  and  by  one  affected  or  likely  to  be 
affected,  in  a  civil  or  criminal  action,  by  its  contents, 
upon  an  order  of  a  court  of  record  or  of  a  justice  of 
the  supreme  court. 

It  shall  be  the  duty  of  any  surgeon  performing  such 
an  autopsy,  under  the  provisions  of  this  section,  to  per- 
mit the  attendance,  as  a  matter  of  right,  of  a  person, 
or  the  medical  representative  of  such  person,  likely  to 
be  the  defendant  or  representative  of  such  deceased  per- 
son in  a  civil  or  criminal  action,  of  which  such  autopsy 
and  its  findings  and  conclusions  may  prove  to  become 
a  part,  or  in  any  way  affected  thereby.  (Added  by 
L.  1913,  ch.  620,  in  effect  May  21.  1913.) 

§  6.  Nuisances.  The  commissioner  of  health  shall 
have   all   necessary   powers  to   make   examinations   into 


*  This   reference   relates   to   second    article  xx. 


State  Department  of  Health  17 

nuisances,  or  questions  affecting  the  security  of  life 
and  health  in  any  locality.  Whenever  required  by  the 
governor  of  the  state,  he  shall  make  such  an  examina- 
tion and  shall  report  the  results  thereof  to  the  gov- 
ernor, within  the  time  prescribed  by  him  therefor.  The 
report  of  every  such  examination,  when  approved  by  the 
governor,  shall  be  filed  in  the  office  of  the  secretary  of 
«tate,  and  the  governor  may  declare  the  matters  public 
nuisances,  which  may  be  found  and  certified  in  any  such 
report  to  be  nuisances,  and  may  order  them  to  be 
changed,  abated  or  removed  as  he  may  direct.  Every 
such  order  shall  be  presumptive  evidence  of  the  exist- 
ence of  such  nuisance;  and  the  governor  may,  by  a  pre- 
cept under  his  hand  and  official  seal,  require  the  district 
attorney,  sheriff  and  other  officers  of  the  county  where 
such  nuisance  is  maintained,  to  take  all  necessary 
measures  to  execute  such  order  and  cause  it  to  be 
obeyed,  and  the  acts  of  any  such  county  officer  in  the 
abatement  of  any  such  nuisance,  reasonable  or  necessary 
for  such  abatement,  shall  be  lawful  and  justifiable  and 
the  order  of  the  governor  a  sufficient  protection  to  such 
officer.  The  expense  of  such  abatement  shall  be  paid 
by  the  municipality  where  the  nuisance  occurs,  and  shall 
be  a  debt  recoverable  by  such  municipality  of  all  per- 
sons, maintaining  it  or  assisting  in  its  maintenance, 
and  a  lien  and  charge  upon  the  lands  upon  which  the 
nuisance  is  maintained,  which  may  be  enforced  by  a 
sale  of  such  lands  to  satisfy  the  same. 

§  7.  Overflow  of  water  from  the  canals.  Whenever 
water  escaping  or  discharged  from  any  of  the  canals  of 
the  state,  through  water  gates,  spillways  or  otherwise, 
shall  overflow  adjacent  lands,  or  any  creek  or  stream 
receiving  such  waters,  or  collect  in  stagnant  pools  along 
the  canal  or  any  such  creek  or  stream  to  such  an  extent 
as  to  cause  disease  or  sickness  to  the  inhabitants  of  the 
vicinity,    any   three    of    such    inhabitants    may   make   a 


18  The  Public  Health  Law 

written  complaint  thereof  under  oath  to  the  commis- 
sioner of  health,  setting  forth  the  extent  of  the  injury 
to  the  public  health,  so  far  as  is  within  their  knowledge, 
and  the  length  of  time  the  disease  or  sickness  has  ex- 
isted, which  shall  be  accompanied  by  a  verified  certifi- 
cate of  a  practicing  physician  of  the  vicinity,  stating 
the  facts  known  to  him,  pertaining  to  the  allegations 
of  the  complaint.  Upon  receipt  of  such  complaint,  the 
commissioner  of  health  shall  forthwith  examine  into 
the  facts  and  circumstances  therein  set  forth,  and  may 
call  on  the  state  engineer  to  make  such  surveys  as  they 
may  require  for  their  information,  who  shall  make  the 
same  without  delay,  and  if  such  commissioner  is  satis- 
fied that  such  disease  or  sickness  exists,  and  is  caused 
by  waters  of  the  canal  escaping  or  discharged  therefrom, 
he  shall  so  report  to  the  superintendent  of  public  works, 
without  unnecessary  delay,  who  shall  forthwith  abate 
the  cause  of  such  disease  or  sickness. 

§  8.  Employment  of  local  boards  and  experts.  When- 
ever requested  by  the  commissioner  of  health,  any  city 
board  of  health  in  this  state  may  appoint  one  of  its 
members  to  act  with  and  assist  the  commissioner  dur- 
ing the  examination  of  any  nuisance,  or  for  the  pur- 
pose of  determining  whether  a  public  nuisance  exists. 
Such  representative  may  take  part  in  such  examination, 
and  sit  with  the  commissioner  during  the  conduct 
thereof,  but  the  final  determination  of  the  questions 
involved  shall  rest  solely  with  the  commissioner.  The 
commissioner  may  from  time  to  time  employ  competent 
persons  to  render  sanitary  service,  and  make  or  super- 
vise practical  and  scientific  investigations  and  examina- 
tions requiring  expert  skill,  and  prepare  plana  and 
reports    relative    thereto. 

§  0.  Examination  and  inspection  of  public  works. 
All  persons  having  the  control,  charge  or  custody  of  any 
public  structure,  work  or  ground,  or  of  any  plan,  de- 
scription, outline,  drawing  or  chart  thereof  or  relating 


rfTATE  Department  of  Health  19 

thereto,  made,  kept  or  controlled  by  or  under  any  public 
authority,  shall  permit  and  facilitate  the  examination, 
inspection  and  copying  thereof  by  the  commissioner  of 
health,  or  by  any  person  authorized  by  him  to  make 
such  examination  or  inspection  or  such  copies. 

§  10.  Acquisition  of  land.  If  the  commissioner  of 
health  or  the  health  officer  of  the  port  of  New  York 
shall  certify  to  the  commissioners  of  the  land  office  that 
by  reason  of  sudden  emergency  the  acquisition  of  any 
land  is  immediately  necessary  for  quarantine  or  other 
purposes  to  prevent  great  danger  to  the  public  health, 
and  such  commissioners  are  satisfied  that  such  action 
is  necessary,  such  commissioners  may  acquire  by  pur- 
chase or  by  condemnation,  in  the  name  of  the  people 
of  the  state  of  New  York,  such  land  as  in  their  judg- 
ment is  necessary  and  suitable  for  such  purposes. 

§  11.  Power  of  commissioner  where  board  of  health 
fails  to  appoint  health  officer.  If  any  local  board  of 
health  shall  fail  to  appoint  a  health  officer,  the  com- 
missioner of  health  may,  in  such  municipality,  exer- 
cise the  powers  of  a  health  officer  thereof.  The  ex- 
penses lawfully  incurred  by  him  in  such  municipality 
shall  be  a  charge  upon  and  paid  by  such  municipality 
until  such  time  as  a  local  health  officer  shall  be  ap- 
pointed therein,  whereupon  the  jurisdiction  of  the  com- 
missioner of  health  conferred  by  this  section  shall 
cease.  (Am'd  by  L.  1913,  ch.  559,  in  effect  May  16, 
1913.) 

§  12.  Annual  report.  The  commissioner  of  health 
shall  annually,  on  or  before  the  first  Monday  in  Feb- 
ruary, make  a  written  report  to  the  governor  upon  the 
vital  statistics  and  sanitary  conditions  and  prospects  of 
the  state.  Such  reports  shall  set  forth  the  action  of  the 
department  and  of  its  officers  and  agents  and  the  names 
thereof  during  the  past  year,  a  detailed  statement  of  all 
moneys  paid  out  by  or  on  account  of  the  department, 
and  the  manner  of  its  expenditure  during  the  year,  and 


20  The  Public  Health  Law 

other  useful  information,  and  shall  suggest  any  further 
legislative  action  or  precaution  deemed  necessary  for 
the   better   protection   of   life   and   health. 

§  13.  Tenement  houses  in  cities.  The  commissioner 
shall  have  power  to  examine  into  the  enforcement  of 
the  laws  relating  to  tenement  houses  in  any  city. 
Whenever  required  by  the  governor,  he  shall  make  such 
an  examination  and  shall  report  the  results  thereof 
to  the  governor  within  the  time  prescribed  by  him 
therefore.  (Am'd  by  L.  1913,  ch.  559,  in  effect  May  16, 
1913.) 

§  14.  Approval  of  plans  for  certain  works  built  by 
state  and  inspection  of  state  institutions  by  state  com- 
missioner of  health.  In  all  buildings  and  institutions, 
owned,  maintained  or  controlled  by  the  state,  the  plans 
for  all  water  supply,  sewerage,  sewage-disposal  and 
garbage-disposal  works,  shall  be  subject  to  the  ap- 
proval of  the  state  commissioner  of  health  before  being 
adopted  or  constructed.  The  state  commissioner  of 
health  shall  make  from  time  to  time  and  at  least  once 
in  each  year,  an  examination  and  inspection  of  the 
sanitary  conditions  of  all  state  institutions  and  trans- 
mit copies  of  his  report  and  recommendations  thereon 
to  the  president  of  the  board  of  managers  or  trustees 
or  other  authority  in  charge  of  such  institution  and 
to  the  fiscal  supervisor  of  state  charities  in  case  of 
institutions  reporting  to  that  official.  It  shall  be  the 
duty  of  the  superintendents  of  said  institutions  to 
immediately  report  an  outbreak  of  a  contagious  or  in- 
fectious disease  to  the  state  commissioner  of  health, 
and  upon  receipt  of  such  report  the  state  commissioner 
of  health  shall  advise  the  superintendent  of  said  insti- 
tution as  to  the  best  means  to  effectually  control  said 
disease.  It  shall  be  the  duty  of  the  state  commissioner 
of  health  to  make  regular  analyses  of  the  water  supplies 
of   said   institutions,   at   least  twice   in   each  year,   and 


State   Department   of   Health  21 

furnish  copies  of  his  reports  thereon  to  the  president 
of  the  board  of  managers  or  trustees  or  other  authority 
in  charge  of  the  institutions,  and  to  the  fiscal  super- 
visor of  state  charities  in  case  of  institutions  reporting 
to  that  official.  (Am'd  by  L.  1913,  ch.  559,  in  effect 
May   16,   1913.) 

§  15.  State  board  of  health  to  mean  department  of 
health.  Whenever  the  term  "  state  board  of  health " 
occurs  or  any  reference  is  made  thereto,  in  any  law,  it 
shall  be  deemed  to  mean  or  refer  to  the  department  of 
health  as  described  in  this  article.  The  commissioner 
of  health  shall  have  all  the  powers  conferred  and  per- 
form all  the  duties  imposed  by  law  upon  the  state 
board  of  health,  or  any  member,  committee  or  officer 
thereof,  including  the  secretary. 

§  16.  Pending  actions  and  proceedings  not  affected. 
This  article  shall  not  affect  actions  or  proceedings,  civil 
or  criminal,  brought  by  or  against  the  state  board  of 
health,  and  pending  on  February  nineteenth,  nineteen 
hundred  and  one,  but  such  actions  or  proceedings  may 
be  prosecuted  or  defended  in  the  same  manner  and  to 
the  same  effect  by  the  commissioner  of  health  as  if  the 
foregoing  provisions  had  not  taken  effect.  Xor  shall 
any  of  the  foregoing  provisions  affect  in  any  manner 
any  order  or  recommendation  made  by,  or  any  other 
matters  or  proceedings  before  such  state  board  of  health, 
and  all  such  matters  and  proceedings  pending  before 
such  board  on  the  above  date  shall  be  continued  before 
the  commissioner  of  health. 

§  17.  Violations  of  health  laws  or  regulations.  Any 
person  violating,  disobeying  or  disregarding  the  terms 
of  any  lawful  notice,  order  or  regulation  prescribed 
by  the  state  commissioner  of  health  or  by  the  sani- 
tary code,  or  any  provision  of  the  public  health  law  or 
sanitary  code,  for  which  a  civil  penalty  is  not  other- 
wise expressly  prescribed  by  law.  shall  be  liable  to 
the  people  of  the   state   for  a   civil  penalty  of  not  to 


22  The  Public  Health  Law 

exceed  fifty  dollars  for  every  such  violation.  The  said 
penalty  may  be  recovered  by  an  action  brought  by  the 
state  commissioner  of  health  in  any  court  of  compe- 
tent jurisdiction.  Nothing  in  this  section  contained 
shall  be  construed  to  alter  or  repeal  any  existing  pro- 
vision of  law  declaring  such  violations  or  any  of  them 
misdemeanors  or  felonies  or  prescribing  the  penalty 
therefor.  (Added  by  L.  1915,  eh.  384,  am'd  by  L.  1916, 
ch.  372,  in  effect  May  1,  1916.) 

ARTICLE  III 

Local  Boards  of  Health 

Section  20.     Local  boards  of  health. 

21.  General  powers  and  duties  of  local  boards 

of  health. 

21-a.  Powers  and  duties  as  to  sewers. 

21-b.  General  powers  and  duties  of  health   offi- 
cers. 

21-c.  Public   health   nurses. 

22.  Vital  statistics. 

23.  Burial  and  burial   permits. 

24.  Regulating   interments   in   cemeteries. 

25.  Infectious     and    contagious    or    communi- 

cable diseases. 

26.  Nuisances. 

27.  Owner  to  bear  all  or  part  of  expense  of 

removal     of     waters     wherein    mosquito 
larvae   breed. 

28.  Assessing  cost  on  property  benefited. 

29.  Municipality  may  bear  part  of  expense.     • 

30.  Assessing  expense  upon  property  benefited. 

31.  Removal   of  nuisances. 

32.  Expense  of  abatement  of  nuisances  a  lien 

upon  the  premises. 

33.  Manufactures     in     tenement     houses     and 

dwellings. 


Local  Boards  of  Health  23 

Section  34.      Jurisdiction   of   town   boards. 

35.  Expenses,   how   paid. 

36.  Relief  of  indigent  Indians  in  case  of  epi- 

demic. 
36-a.  Care     and     maintenance     of     carriers     of 
disease. 

37.  Mandamus. 

38.  Exceptions  and   limitations   as   to   city   of 

New  York. 

39.  Certain  kinds  of  business  and  manufacture 

prohibited    in    cities    or    within    three 
miles   therefrom ;    exceptions. 

§  20.  Local  boards  of  health.  There  shall  continue 
to  be  local  boards  of  health  and  health  officers  in  the 
several  cities,  villages  and  towns  of  the  state  except 
as  hereinafter  provided.  In  the  cities,  except  cities  of 
the  first  and  second  class,  the  board  shall  consist  of 
the  mayor  of  the  city  who  shall  be  its  president,  and 
at  least  six  other  persons,  one  of  whom  shall  be  a 
competent  physician,  who  shall  be  appointed  by  the 
common  council,  upon  the  nomination  of  the  mayor, 
and  shall  hold  office  for  three  years.  Appointments 
of  members  of  such  boards  shall  be  made  for  such 
shorter  terms  as  at  any  time  may  be  necessary,  in 
order  that  the  terms  of  two  appointed  members  shall 
expire  annually.  In  the  cities,  except  cities  of  the 
first  and  second  class,  and  such  other  cities  whose 
charters  otherwise  provide,  the  board  shall  appoint, 
for  a  term  of  four  years,  a  competent  physician,  not 
one  of  its  members,  to  be  the  health  officer  of  the  city, 
and  shall  fill  any  vacancy  that  now  exists  or  may 
hereafter  exist  from  expiration  of  term  or  otherwise 
in  the  office  of  health  officer  of  the  city.  In  villages 
the  board  of  health  shall  consist  of  the  board  of  trus- 
tees of  such  village.  In  towns  the  board  of  health  shall 
consist  of  the  town  board.  The  local  board  of  health 
shall  appoint  a  competent  physician,  not  a  member  of 


24  The  Public  Health  Law 

the  local  board  of  health,  to  be  the  health  officer  of 
the  municipality.  The  term  of  office  of  the  health 
officer  shall  be  four  years  and  he  shall  hold  office 
until  the  appointment  of  his  successor.  He  may 
be  removed  for  just  cause  by  the  local  board  of 
health  or  the  state  commissioner  of  health  after  a 
hearing;  such  removal  by  the  local  board  of  health 
must  be  approved  by  the  state  commissioner  of 
health.  The  health  officer  need  not  reside  within 
the  village  or  town  for  which  he  shall  be  chosen. 
Notice  of  the  membership  and  organization  of  every 
local  board  of  health  shall  be  forthwith  given 
by  such  board  to  the  state  department  of  health. 
The  term  "  municipality,"  when  used  in  this  article, 
means  the  city,  village,  town  or  consolidated  health 
district  for  which  any  such  local  board  may  be 
or  is  appointed.  The  provisions  herein  contained  as 
to  boards  of  health,  and  for  the  appointment  of  health 
officers,  shall  apply  to  all  towns  and  villages,  whether 
such  villages  are  organized  under  general  or  special 
laws.  The  members  of  town  boards  and  of  village 
boards  of  trustees  and  of  boards  of  health  of  consoli- 
dated health  districts  shall  not  receive  additional  com- 
pensation by  reason  of  serving  as  members  of  boards 
of  health.  Any  matter  within  the  jurisdiction  of  a 
town  or  village  board  of  health  may  be  considered  and 
acted  upon  at  any  meeting  of  such  town  board  or 
village  board  of  trustees. 

The  state  commissioner  of  health,  on  the  request  of 
the  town  board  of  any  town  and  the  board  of  trustees 
of  any  village  and  the  common  council  or  other  like 
authority  of  any  city,  may  combine  into  one  health 
district,  hereinafter  referred  to  as  a  consolidated 
health  district,  any  two  or  more  of  such  towns,  vil- 
lages or  eitifs  and  may  on  the  request  of  the  town 
board  of  any  town,  board  of  trustees  of  any  village 
or  common  Council  or  other  like  authority  of  any  city 
at   any   time    thereafter    set   apart   such   town,   village 


Local  Boakds  of  Health         25 

or  city  as  a  separate  health  district.  In  any  consoli- 
dated health  district  there  shall  be  a  board  of  health 
which  shall  consist  of  the  supervisor  of  each  town, 
the  president  of  the  board  of  trustees  of  each  village, 
and  the  mayor  of  each  city  included  in  each  district, 
provided  that  if  the  number  of  members  so  provided 
for  is  an  even  number,  such  members  shall  within 
thirty  days  after  such  district  shall  have  been  estab- 
lished by  the  state  commissioner  of  health  choose 
an  additional  member  of  such  board  of  health  to  be 
known  as  the  elective  member.  An  elective  member 
shall  serve  for  a  term  of  two  years  from  the  first  day 
of  January  preceding  his  election  and  until  his  suc- 
cessor shall  have  been  appointed,  provided  that  if  at 
any  time  the  number  of  members  of  the  board  of 
health,  excluding  the  elective  member,  shall  become  an 
odd  number,  the  term  of  office  of  the  elective  mem- 
ber  shall   thereupon   cease. 

The  board  of  health  of  a  consolidated  health  district 
shall  from  time  to  time  elect  a  president  from  among 
its  members.  The  health  officer  of  a  consolidated 
health  district  shall  serve  as  the  secretary  of  the  board 
of  health  thereof  without  additional  remuneration 
therefor. 

In  each  such  consolidated  health  district  the  board 
of  health  shall  appoint  a  health  officer.  Each  board 
of  health  and  each  health  officer  of  a  consolidated 
health  district  shall  have  all  the  rights,  powers,  duties 
and  obligations  conferred  and  imposed  by  iaw  upon 
boards  of  health  and  health  officers  respectively. 

When  any  consolidated  health  district  is  estab- 
lished, as  herein  provided,  the  boards  of  health  of  the 
towns,  villages  or  cities  included  within  such  district, 
shall  thereupon  cease  to  exist  as  boards  of  health,  and 
all  ■  their  rights,  powers,  duties  and  obligations  shall 
thereupon    be    transferred    to    the    board    of    health    of 


26  The  Public  Health  Law 

such  district.  When  the  board  of  health  of  any  such 
consolidated  health  district  shall  have  appointed  a 
health  officer  therefor,  the  terms  of  office  of  the  health 
officers  of  the  towns,  villages  or  cities  included  in  such 
district  shall  cease,  and  all  their  rights,  powers,  duties 
and  obligations  shall  thereupon  be  transferred  to  and 
imposed  upon  the  health  officer  appointed  for  such  con- 
solidated health  district. 

The  boajfd  of  health  of  any  such  consolidated  health 
district  shall  from  time  to  time  audit  all  accounts,  and 
allow  or  reject  all  charges,  claims  and  demands  against 
such  health  district  for  the  remuneration  and  expenses 
of  the  health  officer,  registrar  or  registrars,  and  for 
all  other  expenses  lawfully  incurred  by  said  board  of 
health  or  on  its  authority.  Unless  such  board  of 
health  of  such  consolidated  health  district  adopts  the 
estimate  system  of  payment  as  provided  by  this  sec- 
tion they  shall,  prior  to  the  annual  meeting  of  the 
board  of  supervisors  each  year,  make  an  abstract,  to 
be  known  as  the  consolidated  health  district  abstract, 
of  the  names  of  all  persons  who  have  presented  to  them 
accounts  to  be  audited,  the  amounts  claimed  by  each 
such  person  and  the  amounts  finally  audited  and  ap- 
proved by  them  respectively,  and,  if  such  district  be 
wholly  in  one  county,  shall  deliver  such  abstract  to  the 
clerk  of  the  board  of  supervisors.  If  such  consolida- 
ted health  district  be  located  in  more  than  one  county 
the  board  of  health  of  such  district  shall  divide  the 
total  amount  of  the  consolidated  health  district  ab- 
stract as  audited  and  approved  in  proportion  to  the 
assessed  valuation  of  the  real  and  personal  property  of 
the  towns,  villages  or  cities  of  such  consolidated  health 
district  located  in  each  county,  as  determined  by  the 
last  preceding  assessment-rolls  of  the  towns  or  cities 
wholly  or  partly  included  in  such  district,  and  shall 
deliver  a  certified  copy  of  such  abstract  to  the  board 
of  supervisors  of  each   such  county,  with  a  statement 


Local  Boakds  of  Health        27 

of  the  amount  due  from  the  real  and  personal  prop- 
erty of  each  town,  village  or  city  of  the  consolidated 
health  district  in  each  such  county  on  account  of  the 
expenses  of  such  board.  The  board  of  supervisors  of 
each  such  county  shall  levy  a  tax  upon  the  real  and 
personal  property  "within  such  health  district  suffi- 
cient to  provide  for  the  sums  audited  and  approved  by 
the  board  of  health  thereof  and  chargeable  to  the  real 
and  personal  property  of  each  town,  village  or  city 
of  the  consolidated  health  district  in  each  such  county. 
Such  sums,  when  collected  and  paid  to  the  county 
treasurer  of  each  such  county  respectively,  shall  be 
paid  by  him  to  the  president  of  such  board  of  health 
and  shall  be  disbursed  by  him  in  accordance  with  the 
abstract  of  claims  audited  and  approved  by  such  board 
of  health,  as  hereinabove  provided. 

The  board  of  health  of  any  consolidated  health  dis- 
trict may  annually  make  an  estimate  of  the  expenses 
of  such  board  for  the  ensuing  calendar  year  and, 
if  such  district  be  wholly  in  one  county,  shall 
deliver  a  certified  copy  of  such  estimate  to  the 
clerk  of  the  board  of  supervisors  of  such  county 
prior  to  the  annual  meeting  of  the  board  pre- 
ceding such  year.  If  such  consolidated  health  dis- 
trict be  located  in  more  than  one  county,  the  board 
of  health  of  such  district  shall  proportion  the 
total  amount  of  such  estimate  in  the  same  manner  as 
provided  by  this  section  for  proportioning  the  expenses 
of  such  a  district  when  audited  and  approved  by  the 
board,  and  shall  deliver  to  the  clerk  of  the  board  of 
supervisors  of  each  such  county  a  certified  statement 
of  the  total  estimate  and  the  amount  due  from  the 
real  and  personal  property  of  each  town,  village  or 
city  of  the  consolidated  health  district  in  each  such 
county  on  account  thereof.  The  board  of  supervisors 
of  each  such  county  shall  levy  a  tax  upon  the  real  and 
personal  property  within  such  health  district  sufficient 


28  The  Public  Health  Law 

to  provide  for  the  portion  of  the  amount  of  such  esti- 
mate chargeable  to  the  real  and  personal  property  of 
each  town,  village  or  city  of  the  consolidated  health 
district  in  each  such  county.  Such  sums,  when  col- 
lected and  paid  to  the  county  treasurer  of  each  county 
respectively  shall  be  paid  by  him  to  the  president  of 
such  board  of  health  and  shall  be  disbursed  by  the 
board  of  health  in  accordance  with  the  estimates. 
After  such  estimate  system  has  been  adopted  by  a 
consolidated  health  district,  the  board  of  health  thereof 
shall  deduct  from  the  estimate  for  the  succeeding  cal- 
endar year  the  amount,  if  any,  remaining  in  the  hands 
of  such  board  after  all  of  the  liabilities  incurred  on 
account  of  the  preceding  estimate  have  been  paid, 
before  the  certified  statement  of  the  total  estimate  and 
the  amount  due  from  the  real  and  personal  property 
of  each  town,  village  or  city  of  the  consolidated  health 
district  in  each  such  county  is  certified  to  the  respective 
cleiks  of  the  boards  of  supervisors  for  collection.  (Am'd 
by  L  lOlf),  ehs.  124  and  555,  and  L  1016,  ch.  360,  in 
effect  May  1.  1016.) 

§  21.  General  powers  and  duties  of  local  boards  of 
health.  Every  such  local  board  of  health  shall  meet 
at  stated  intervals  to  be  fixed  by  it,  in  the  municipal- 
ity. The  presiding  officer  of  every  such  board  may  call 
special  meetings  thereof  when  in  his  judgment  the  pro- 
tection of  the  public  health  of  the  municipality  requires 
it,  and  he  shall  call  such  meeting  upon  the  petition  of  at 
least  twenty-five  residents  thereof,  of  full  age,  setting 
forth  the  necessity  of  such  meeting.  Every  such  local 
board,  subject  to  the  provisions  of  the  public  health 
law  and  of  the  sanitary  code,  shall  prescribe  the  duties 
and  powers  of  the  local  health  officer,  who  shall  be  its 
chief  executive  officer,  and  direct  him  in  the  perform- 
ance of  his  duties,  and  fix  his  compensation,  which  in 
case  of  health  officers  of  cities,  towns  and  villages,  hav- 
ing a  population  of  eight  thousand  or  less,  shall  not  be 


Local  Boaeds  of  Health        29 

less  than  the  equivalent  of  ten  cents  per  annum  per 
inhabitant  of  the  city,  town  or  village  according  to 
the  latest  federal  or  state  enumeration;  and  in  cities, 
towns  and  villages  having  a  population  of  more  than 
eight  thousand  shall  not  be  less  than  eight  hundred 
dollars  per  annum.  In  addition  to  his  compensation 
so  fixed,  the  board  of  health  must  allow  the  actual 
and  reasonable  expenses  of  said  health  officer  in  the 
performance  of  his  official  duties  and  in  going  to,  at- 
tending and  returning  from,  the  annual  sanitary  con- 
ference of  health  officers,  or  equivalent  meeting,  held 
yearly  within  the  state,  and  conferences  called  by  the 
sanitary  supervisor  of  the  district,  and  whenever  the 
services  rendered  by  its  health  officer  shall  include  the 
care  of  smallpox,  the  board  of  health  shall  allow,  or 
whenever  such  services  are  extraordinary,  by  reason  of 
infectious  diseases,  or  otherwise,  they  may  in  their  dis- 
cretion, allow  to  him  such  further  sum  in  addition  to 
said  fixed  compensation  as  shall  be  equal  to  the  charges 
for  consultation  services  in  the  locality,  audited  by 
the  town  board  of  a  town,  by  the  board  of  trustees 
of  a  village  or  by  the  proper  auditing  board  of  a  city 
of  the  third  class,  which  said  expenses  and  said  addi- 
tional compensation  shall  be  a  charge  upon  and  paid 
by  the  municipality  as  provided  in  section  thirty-five 
of  this  chapter.  Every  such  local  board  shall  make  and 
publish  from  time  to  time  all  such  orders  and  regula- 
tions, not  inconsistent  with  the  provisions  of  the  sani- 
tary code,  as  it  may  deem  necessary  and  proper  for 
the  preservation  of  life  and  health  and  the  execution 
and  enforcement  of  this  chapter  in  the  municipality. 
It  shall  make  without  publication  thereof,  such  orders 
and  regulations  for  the  suppression  of  nuisances  and 
concerning  all  other  matters  in  its  judgment  detri- 
mental to  the  public  health  in  special  or  individual 
cases,    not    of    general    application,    and    serve    copies 


30  The  Public  Health  Law 

thereof  upon  the  owner  or  occupant  of  any  premises 
whereon  such  nuisances  or  other  matters  may  exist, 
or  upon  which  may  exist  the  cause  of  other  nuisances 
to  other  premises,  or  cause  the  same  to  be  conspicu- 
ously posted  thereon.  The  health  officer  may  employ 
such  persons  as  shall  be  necessary  to  enable  him  to 
carry  into  effect  the  orders  and  regulations  of  the 
board  of  health  and  the  provisions  of  the  public  health 
law  and  of  the  sanitary  code,  and  fix  their  compensa- 
tion within  the  limits  of  the  appropriation  therefor. 
The  board  of  health  may  issue  subpoenas,  compel  the 
attendance  of  witnesses,  administer  oaths  to  witnesses 
and  compel  them  to  testify,  and  for  such  purposes  it 
shall  have  the  same  powers  as  a  justice  of  the  peace 
of  the  state  in  a  civil  action  of  which  he  has  jurisdic- 
tion. It  may  designate  by  resolution  one  of  its  mem- 
bers to  sign  and  issue  such  subpoenas.  No  subpoena 
shall  be  served  outside  the  jurisdiction  of  the  board 
issuing  it,  and  no  witness  shall  be  interrogated  or  com- 
pelled to  testify  upon  matters  not  related  to  the  public 
health.  It  may  issue  warrants  to  any  constable  or 
policeman  of  the  municipality  to  apprehend  and  remove 
such  persons  as  cannot  otherwise  be  subjected  to  its 
orders  or  regulations,  and  a  warrant  to  tfce  sheriff  of 
the  county  to  bring  to  its  aid  the  power  of  the  county 
whenever  it  shall  be  necessary  to  do  so.  Every  war- 
rant shall  be  forthwith  executed  by  the  officer  to  whom 
directed,  who  shall  have  the  same  powers  and  be  subject 
to  the  same  duties  in  the  execution  thereof,  as  if  it  had 
been  duly  issued  out  of  a  court  of  record  of  the  state. 
Every  such  local  board  may  prescribe  and  impose  pen- 
alties for  the  violation  of  or  failure  to  comply  with 
any  of  its  orders  or  regulations,  not  exceeding  one  hun- 
dred dollars  for  a  single  violation  or  failure,  to  be 
sued  for  and  recovered  by  it  in  the  name  and  for  the 
benefit  of  the  municipality;   and  may  maintain  actions 


.local  Boards  of  Health  31 

in  any  court  of  competent  jurisdiction  to  restrain  by 
injunction  such  violations,  or  otherwise  to  enforce  such 
orders  and  regulations. 

§  21-a.  Powers  and  duties  as  to  sewers.  Whenever 
such  local  board  of  health  in  any  incorporated  village 
shall  deem  the  sewers  of  such  village  insufficient  to 
properly  and  safely  sewer  such  village,  and  protect  the 
public  health,  it  shall  certify  such  fact  in  writing, 
stating  and  recommending  what  additions  or  altera- 
tions should  in  the  judgment  of  such  board  of  health 
be  made,  with  its  reasons  therefor,  to  the  state  com- 
missioner of  health  for  his  approval,  and  if  such  recom- 
mendations shall  be  approved  by  the  state  commis- 
sioner of  health,  it  shall  be  the  duty  of  the  board  of 
trustees  or  other  board  of  such  village  having  juris- 
diction of  the  construction  of  sewers  therein,  if  there 
be  such  a  board,  whether  sufficient  funds  shall  be  on 
hand  for  such  purpose  or  not,  to  forthwith  make  such 
additions  to  or  alterations  in  the  sewers  of  such  village 
and  execute  such  recommendations,  and  the  expenses 
thereof  shall  be  paid  for  wholly  by  said  village  in  the 
same  manner  as  other  village  expenses  are  paid  or  by 
an  assessment  of  the  whole  amount  against  the  prop- 
erty benefited,  or  partly  by  the  village  and  partly  by 
an  assessment  against  the  property  benefited,  as  the 
board  of  trustees  of  such  village  shall  by  resolution 
determine.  If  the  board  of  trustees  shall  determine 
that  such  expenses  shall  be  paid  partly  by  the  village 
and  partly  by  an  assessment  against  the  property  bene- 
fited, as  authorized  by  this  section,  it  shall  in  the  reso- 
lution making  such  determination  fix  the  proportion 
of  such  expense  to  be  borne  by  each,  and  the  propor- 
tion thereof  to  be  raised  by  an  assessment  against  the 
property  benefited  shall  be  assessed  and  collected  in  the 
manner  provided  by  the  village  law  for  the  assessment 
and    collection    of   sewer   assessments.      Said   village    is 


32  The  Public  Health  Law 

hereby  authorized  to  raise  such  sum  as  may  be  neces- 
sary for  the  payment  of  the  expenses  incurred,  which 
are  a  village  charge,  if  any,  as  herein  provided,  in  addi- 
tion to  the  amount  such  village  is  now  authorized  to 
raise  by  law  for  corporation  purposes,  and  such  board 
shall  have  the  right  to  acquire  such  lands,  rights  of 
way,  or  other  easements,  by  gift,  or  purchase,  or  in  case 
the  same  cannot  be  acquired  by  purchase  may  acquire 
the  same  by  condemnation  in  the  manner  provided  by 
law.  (Added  by  L.  1913,  ch.  559,  in  effect  May  16, 
1913.) 

§  21-b.  General  powers  and  duties  of  health  officers. 
Health  officers  of  towns  and  villages,  in  addition  to 
such  other  duties  as  may  be  lawfully  imposed  upon 
them  and  subject  to  the  provisions  of  the  public  health 
law  and  the  sanitary  code,  shall  perform  the  following 
duties : 

1.  Make  an  annual  sanitary  survey  and  maintain  a 
continuous  sanitary  supervision  over  the  territory 
within  their  jurisdiction. 

2.  Make  a  medical  examination  of  every  school  child 
as  soon  as  practicable  after  the  opening  of  each  school 
year,  except  in  those  schools  in  which  the  authorities 
thereof  make  other  provision  for  the  medical  examina- 
tion of  the  pupils.  (Superseded  in  effect  by  Art.  20-a 
of  Education  Law,  added  by  L.  1913,  ch.  627,  in  effect 
Aug.   1,   1913.) 

3.  Make  a  sanitary  inspection  periodically  of  all 
school  buildings  and  places  of  public  assemblage,  and 
report  thereon  to  those  responsible  for  the  maintenance 
of  such  school  buildings  and  places  of  public  assem- 
blage. 

4.  Promote  the  spread  of  information  as  to  the 
causes,  nature  and  prevention  of  prevalent  diseases, 
and  the  preservation  and  improvement  of  health. 

5.  Take   such    steps    as    may   be   necessary   to    secure 


Local  Boards  of  Health        33 

prompt  and  full  reports  by  physicians  of  communicable 
diseases,  and  prompt  and  full  registration  of  births  and 
deaths. 

6.  Enforce  within  their  jurisdiction  the  provisions  of 
the  public  health  law  and  the  sanitary  code. 

7.  Attend  the  annual  conferences  of  sanitary  officers 
called  by  the  state  department  of  health,  and  local  con- 
ferences within  his  sanitary  district,  to  which  he  may 
be  summoned  by  the  sanitary  supervisor  thereof. 

The  written  reports  of  public  health  officers,  inspect- 
ors, nurses  and  other  representatives  of  public  health 
officers  on  questions  of  fact  under  the  public  health 
law  or  under  the  sanitary  code  or  any  local  health  regu- 
lation shall  be  presumptive  evidence  of  the  facts  so 
stated,  and  shall  be  received  as  such  in  all  courts  and 
places.  The  persons  making  such  reports  shall  be 
exempt  from  personal  liability  for  the  statements 
therein  made,  if  they  have  acted  in  good  faith. 

No  health  officer,  inspector,  public  health  nurse,  or 
other  representative  of  a  public  health  officer,  and  no 
person  or  persons  other  than  the  city,  village  or  town 
by  which  such  health  officer  or  representative  thereof 
is  employed  shall  be  sued  or  held  to  liability  for  any 
act  done  or  omitted  by  any  such  health  officer  or  repre- 
sentative of  a  health  officer  in  good  faith  and  with 
ordinary  discretion  on  behalf  or  under  the  direction  of 
such  city,  village  or  town  or  pursuant  to  its 
regulations  or  ordinances,  or  the  sanitary  code,  or 
the  public  health  law.  Any  person  whose  property 
may  have  been  unjustly  or  illegally  destroyed  or  in- 
jured pursuant  to  any  order,  regulation  or  ordinance, 
or  action  of  any  board  of  health  or  health  officer,  or 
representative  of  a  health  officer,  for  which  no  personal 
liability  may  exist  as  aforesaid,  may  maintain  a  proper 
action  against  the  city,  village  or  town  for  the  recovery 
of  proper  compensation  or  damages.  Every  such  suit 
must  be  brought  within  six  months  after  the  cause  of 
2 


34  The  Public  Health  Law 

action  arose  and  the  recovery  shall  be  limited  to  the 
damages  suffered.  (Added  by  L.  1913,  ch.  559,  in  effect 
May  16,  1913.) 

§  21-c.  Public  health  nurses.  Each  health  officer  or 
other  official  exercising  similar  duties,  by  whatever  offi- 
cial designation  he  may  be  known,  shall  have  power  to 
employ  such  number  of  public  health  nurses  as  in  his 
judgment  may  be  necessary  within  the  limits  of  the 
appropriation  made  therefor  by  the  city,  town  or  vil- 
lage. They  shall  work  under  the  direction  of  the 
health  officer  and  may  be  assigned  by  him  to  the  reduc- 
tion of  infant  mortality,  the  examination  or  visitation 
of  school  children  or  children  excluded  from  school,  the 
discovery  or  visitation  of  cases  of  tuberculosis,  the 
visitation  of  the  sick  who  may  be  unable  otherwise  to 
secure  adequate  care,  the  instruction  of  members  of 
households  in  which  there  is  a  sick  person,  or  to  such 
other  duties  as  may  seem  to  him  appropriate.  (Added 
by  L.  1913,  ch.  559,  in  effect  May  16,  1913.) 

§  22.  Vital  statistics.  (Repealed.  See  new  Vital 
Statistics  Law,  article  xx*  herein.) 

§  23.  Burial  and  burial  permits.  Repealed.  (See  new 
Vital  Statistics  Law,  article  xx*  herein.) 

§  24.  Regulating  interments  in  cemeteries.  When- 
ever the  common  council  of  any  city  of  the  third  class 
shall  deem  that  further  interments  in  any  cemetery  in 
such  city  would  be  detrimental  to  the  public  health,  it 
may  by  resolution  direct  its  clerk  to  cause  a  notice  to 
be  served  upon  the  person  or  corporation  owning  or  con- 
trolling such  cemetery  and  published  once  in  a  week 
for  three  successive  weeks  in  two  papers  published  in 
such  city,  stating  a  time  and  place  not  less  than  thirty 
days  after  service  and  first  publication  of  such  notice, 
at  which  any  person  interested  may  show  cause  to  the 


*  This  reference  relates  to  second  article  xx. 


Local  Boards  of  Health        35 

common  council  why  further  interments  in  such  ceme- 
tery should  not  be  prohibited.  At  the  time  and  place 
specified  in  such  notice  the  common  council  shall  hear 
all  persons  desiring  to  be  heard,  and  if  upon  such  hear- 
ing it  appears  that  further  interments  in  such  cemetery 
will  be  detrimental  to  public  health,  the  common 
council  may  by  resolution  prohibit  further  interments 
therein.  If  such  resolution  is  adopted  a  certified  copy 
thereof  shall  be  filed  by  the  clerk  of  the  common  council 
with  the  board  of  health  of  such  city,  and  thereafter 
such  board  shall  not  issue  any  permits  for  interments 
in  such  cemetery.  The  action  of  the  common  council 
in  passing  such  resolution  may  be  reviewed  within  thirty 
days  thereafter  by  writ  of  certiorari  as  provided  by  the 
code  of  civil  procedure. 

§  25.  Infectious  and  contagious  or  communicable  dis- 
eases. Every  local  board  of  health  and  every  health 
officer  shall  guard  against  the  introduction  of  such 
infectious  and  contagious  or  communicable  diseases  as 
are  designated  in  the  sanitary  code,  by  the  exercise  of 
proper  and  vigilant  medical  inspection  and  control  of 
all  persons  and  things  infected  with  or  exposed  to  such 
diseases,  and  provide  suitable  places  for  the  treatment 
and  care  of  sick  persons  who  cannot  otherwise  be  pro- 
vided for.  They  may,  subject  to  the  provisions  of  the 
sanitary  code,  prohibit  and  prevent  all  intercourse  and 
communication  with  or  use  of  infected  premises,  places 
and  things,  and  require,  and  if  necessary,  provide  the 
means  for  the  thorough  purification  and  cleansing  of 
the  same  before  general  intercourse  with  the  same  or 
use  thereof  shall  be  allowed.  Every  physician  shall 
immediately  give  notice  of  every  case  of  infectious  and 
contagious  or  communicable  disease  required  by  the 
state  department  of  health  to  be  reported  to  it,  to  the 
health  officer  of  the  city,  town  or  village  where  such 
disease  occurs,  and  no  physician  being  in  attendance  on 


36  The  Public  Health  Law 

such  case,  it  shall  be  the  duty  of  the  super intendent  or 
ether  officer  of  an  institution,  householder,  hotel  or 
lodging  house  keeper,  or  other  person  where  such  case 
occurs,  to  give  such  notice.  The  physician  or  other  per- 
son giving  such  notice  shall  be  entitled  to  the  sum  of 
twenty-five  cents  therefor,  which  shall  be  a  charge  upon 
and  paid  by  the  municipality  where  such  case  occurs. 
Every  local  health  officer  shall  report  to  the  state  de- 
partment of  health,  promptly,  all  cases  of  such  infec- 
tious and  contagious  or  communicable  diseases,  as  may 
be  required  by  the  state  department  of  health,  and  for 
such  reporting  the  health  officer  of  a  village  or  town 
shall  be  paid  by  the  municipality  employing  him,  upon 
the  certification  of  the  state  department  of  health,  a 
sum  not  to  exceed  twenty  cents  for  each  case  so  re- 
ported. The  reports  of  cases  of  tuberculosis  made  pur- 
suant to  the  provisions  of  this  section  shall  not  be 
divulged  or  made  public  so  as  to  disclose  the  identity 
of  the  persons  to  whom  they  relate,  by  any  person; 
except  in  so  far  as  may  be  authorized  by  the  public 
health  council.  The  board  of  health  shall  provide  at 
stated  intervals,  a  suitable  supply  of  vaccine  virus, 
of  a  quality  and  from  a  source  approved  by  the  state 
department  of  health,  and  during  an  actual  epidemic 
of  smallpox  obtain  fresh  supplies  of  such  virus  at  inter- 
vals not  exceeding  one  week,  and  at  all  times  provide 
thorough  and  safe  vaccination  for  all  persons  in  need  of 
the  same.  If  a  pestilential,  infectious  or  contagious 
disease  exists  in  any  county  almshouse  or  its  vicinity, 
and  the  physician  thereof  shall  certify  that  such  disease 
ie  likely  to  endanger  the  health  of  its  inmates,  the 
county  superintendent  of  the  poor  may  cause  such  in- 
mates or  any  of  them  to  be  removed  to  such  other  suit- 
able place  in  the  county  as  the  local  board  of  health  of 
the  municipality  where  the  almshouse  is  situated  may 
designate,  there  to  be  maintained  and  provided  for  at 


Local  Boards  of  Health        37 

the  expense  of  the  county,  with  all  necessary  medical 
care  and  attendance  until  they  shall  be  safely  returned 
to  such  almshouse  or  otherwise  discharged.  The  health 
officer,  commissioner  of  health,  or  boards  of  health  of 
the  cities  of  the  first  class  shall  report  promptly  to 
the  state  department  of  health  all  cases  of  smallpox, 
typhus  and  yellow  fever  and  cholera  and  the  facts 
relating  thereto.  (Ani'd  by  L.  1913,  ch.  559,  in  effect 
May  16,  1913.) 

§  26.  Nuisances.  Every  such  board  shall  receive  and 
examine  into  all  complaints  made  by  any  inhabitant 
concerning  nuisances,  or  causes  of  danger  or  injury  to 
life  and  health  within  the  municipality,  and  may  enter 
upon  or  within  any  place  or  premises  where  nuisances 
or  conditions  dangerous  to  life  and  health  or  which  are 
the  cause  of  nuisances  existing  elsewhere  are  known  or 
believed  to  exist,  and  by  its  members  or  other  persons 
designated  for  that  purpose,  inspect  and  examine  the 
same.  The  owners,  agents  and  occupants  of  any  such 
premises  shall  permit  such  sanitary  examinations  to  be 
made,  and  the  board  shall  furnish  such  owners,  agents 
and  occupants  with  a  written  statement  of  the  results 
and  conclusions  of  any  such  examination.  Every  such 
local  board  shall  order  the  suppression  and  removal  of 
all  nuisances  and  conditions  detrimental  to  life  and 
health  found  to  exist  within  the  municipality.  When- 
ever the  state  department  of  health  shall  by  notice  to 
the  presiding  officer  of  any  local  board  of  health,  direct 
him  to  convene  such  local  board  to  take  certain  definite 
proceedings  concerning  which  the  state  department  of 
health  shall  be  satisfied  that  the  action  recommended 
by  them  is  necessary  for  the  public  good,  and  is  within 
the  jurisdiction  of  such  board  of  health,  such  presiding 
officer  shall  convene  such  local  board,  which  shall  take 
the  action  directed. 

§  27.  Owner  to  bear  all  or  part  of  expense  of  removal 
of   waters  wherein   mosquito   larvae   breed.     Whenever 


38  The  Public  Health  Law 

the  local  board  of  health  of  a  municipality  shall  deter- 
mine that  any  accumulation  of  water  wherein  mosquito 
larvae  breed,  constitutes  a  nuisance  or  a  danger  or  in- 
jury to  life  or  health,  the  owner  or  owners  of  the  prem- 
ises on  which  the  breeding  place  is  located  shall  bear 
the  expense  of  its  suppression  or  removal,  or  so  much 
thereof  as  the  local  board  may  have  determined  to  be 
equitable  as  hereinafter  provided,  and  for  the  amount 
thereof  an  action  may  be  maintained  in  the  name  of 
the  municipality  and  the  same  shall  become  a  first  lien 
on  the  premises  as  provided  by  sections  thirty-one  and 
thirty- two  of  this  article.  (Am'd  by  L.  1913,  ch.  559, 
in  effect  May  16,  1913.) 

§  28.  Assessing  cost  on  property  benefited.  If  such 
local  board  shall  determine,  in  its  discretion,  that,  owing 
to  the  natural  conditions  which  are  favorable  to  the 
breeding  of  mosquitoes  and  owing  to  the  benefits  to  be 
secured  to  the  public  by  the  suppression  of  such  condi- 
tions, some  part  or  all  of  the  expense  of  suppressing  or 
removing  a  breeding  place  for  mosquitoes  should,  in 
equity,  be  borne  by  the  owners  of  the  property  which 
will  be  benefited  by  such  suppression  or  removal,  the 
local  board  shall  make  application  as  hereinafter  pro- 
vided, for  the  appointment  of  three  commissioners,  and 
the  county  court  of  the  county  in  which  are  situated  the 
premises  whereon  the  breeding  place  is  located,  or  in 
case  such  premises  are  situated  in  more  than  one  county, 
the  supreme  court,  shall  thereupon  appoint  three  persons 
as  commissioners  to  proceed  with  the  work  necessary 
for  the  suppression  or  removal  of  such  breeding  place, 
and  to  apportion,  assess  and  collect  the  cost  thereof,  as 
so  determined  from  the  owners  of  such  property  bene- 
fited. Such  appointment,  apportionment,  assessment 
and  collection  shall  be  made  in  the  manner  provided 
for  the  appointment  of  commissioners  to  suppress  and 
remove  any  such  breeding  place  by  draining  the  prem- 


Local  Boards  of  Health        39 

ises  on  which  such  breeding  place  is  located  by  means 
of  ditches  and  channels  constructed  over  lands  belong- 
ing to  others  and  the  owners  of  the  premises  to  be 
drained  and  to  apportion,  assess  and  collect  the  cost 
thereof  from  the  owners  of  the  property  benefited 
thereby.  In  any  case  where,  under  the  provisions  of 
this  article  commissioners  are  to  determine  what  prop- 
erty is  benefited  and  to  what  extent  said  property 
is  benefited  by  the  suppression  or  removal  of  any 
such  breeding  place,  such  commissioners  shall  not 
be  restricted  in  their  determination  to  property 
immediately  adjoining  the  premises  whereon  such 
breeding  place  is  located;  and,  in  apportioning  the  bene- 
fit to  any  property,  such  commissioners  may  consider 
any  circumstances  by  reason  whereof  any  property  will 
be  benefited  by  the  suppression  and  removal  of  such 
breeding  place. 

§  29.  Municipality  may  bear  part  of  expense.  If  such 
local  board  shall  have  determined  that,  owing  to  the 
natural  conditions  which  are  favorable  to  the  breeding 
of  mosquitoes  and  owing  to  the  benefit  to  be  secured  to 
the  public  by  the  suppression  of  such  conditions,  a  part 
of  the  expense  of  such  suppression  or  removal  shall  be 
borne  by  the  owner  of  such  premises  and  a  part  thereof 
by  the  municipality  wherein  the  premises  are  situated, 
such  owner  or  occupant  may  proceed  to  suppress  or  re- 
move such  breeding  place  and  shall  be  reimbursed  by  the 
municipality  for  such  proportion  of  the  reasonable  ex- 
pense of  such  suppression  or  removal  as  the  local  board 
shall  have  determined  should  be  borne  by  the  municipal- 
ity. For  the  purpose  of  ascertaining  the  actual  cost  of 
such  suppression  or  removal,  the  local  board  or  its  duly 
authorized  agents  may  at  all  times  have  access  to  the 
premises  whereon  the  work  is  being  carried  on;  and  the 
owner  of  the  premises  shall  furnish  to  such  local  board 
such  information  as  such  local  board  may  deem  neces- 
sary or  desirable  for  the  purpose  of  ascertaining  such 


40  The  Public  Health  Law 

actual  cost.  If  in  any  such  case  the  owner  of  the  prem- 
ises shall  not,  within  a  reasonable  time,  proceed  to  sup- 
press or  remove  such  breeding  place,  the  local  board 
may  proceed  to  suppress  and  remove  the  same,  and  for 
such  proportion  of  the  expense  of  such  suppression  and 
removal  as  the  local  board  shall  have  determined  to  be 
equitable,  an  action  may  be  maintained  against  such 
owner,  and  the  same  shall  become  a  first  lien  upon  the 
premises  as  above  provided. 

§  30.  Assessing  expense  upon  property  benefited.  If 
such  local  board  shall  deem  it  necessary,  in  order  to 
suppress  or  remove  any  such  breeding  place,  that  any 
swamp,  bog,  meadow  or  other  low  or  wet  lands  within 
the  municipality  over  which  said  board  has  jurisdiction, 
shall  be  drained  and  that  it  is  necessary,  in  order 
thereto,  that  a  ditch  or  ditches  or  other  channel  for  the 
free  passage  of  water  should  be  opened  through  lands 
belonging  to  a  person  or  persons  other  than  the  owners 
of  said  swamp,  bog,  meadow  or  other  low  or  wet  lands, 
or  that  any  other  act  or  thing  be  done  upon  or  over  land 
belonging  to  others  than  the  owners  of  the  lands 
whereon  such  breeding  place  shall  be  located,  such  board 
shall  make  application  for  the  appointment  of  three 
commissioners  to  construct  and  complete  such  chan- 
nels and  ditches  for  the  free  passage  of  water,  or  to 
do  such  other  act  or  thing  as  such  local  board  shall 
have  determined  to  be  necessary  upon  such  lands  in 
order  to  suppress  or  remove  such  breeding  place, 
and  to  apportion,  assess  and  collect  the  amount  of 
the  cost  thereof  from  the  owners  of  the  lands  which 
will  be  benefited  by  the  suppression  and  removal  of 
such  breeding  place.  Such  commissioners  shall  be  ap- 
pointed, and  shall  proceed,  when  appointed,  to  construct 
and  complete  such  channels  and  ditches,  or  do  such 
other  act  or  thing  as  may  be  necessary,  and  to  appor- 
tion, assess  and  collect  the  cost  of  the  same  from  the 


Local  Boards  of  Health        41 

owners  of  the  lands  benefited  by  such  suppression  or 
removal,  in  the  manner  provided  for  the  appointment 
of  commissioners  for  the  drainage  of  any  swamp,  bog, 
meadow  or  other  low  or  wet  land  and  the  apportion- 
ment, assessment  and  collection  of  the  cost  of  such 
drainage,  by  the  drainage  law,  and  this  article  shall  be 
construed  with  the  provisions  of  such  drainage  law. 
In  case  of  conflict  the  provisions  of  this  article  shall 
be  substituted  for  the  provisions  of  such  drainage  law, 
but  such  parts  of  the  provisions  of  the  drainage  law 
as  are  not  necessarily  superseded  shall  apply. 

§  31.  Removal  of  nuisances.  If  the  owner  or  occu- 
pant of  any  premises  whereon  any  nuisance  or  condi- 
tion deemed  to  be  detrimental  to  the  public  health 
exists  or  the  cause  of  the  existence  elsewhere,  fails  to 
comply  with  any  order  or  regulation  of  any  such  local 
board  for  the  suppression  and  removal  of  any  such 
nuisance  or  other  matter,  in  the  judgment  of  the  board 
detrimental  to  the  public  health,  made,  served  or  posted 
as  required  in  this  article,  such  board  or  their  servants 
or  employees  may  enter  upon  the  premises  to  which 
such  order  or  regulation  relates,  and  suppress  or  re- 
move such  nuisance  or  other  matter.  The  expense  of 
such  suppression  or  removal  shall  be  paid  by  the  owner 
or  occupant  of  such  premises,  or  by  the  person  who 
caused  or  maintained  such  nuisance  or  other  matters, 
and  the  board  may  maintain  an  action  in  the  name  of 
the  municipality  to  recover  such  expense,  and  the  same 
when  recovered  shall  be  paid  to  the  treasurer  of  the 
municipality,  or  if  it  has  no  treasurer  to  its  chief 
fiscal  officer,  to  be  held  and  used  as  the  funds  of  the 
municipality.  Whenever  the  suppression  or  removal 
of  such  nuisance  or  conditions  detrimental  to  health 
demand  the  immediate  expenditure  of  money,  every 
such  local  board  of  health  shall  be  authorized  to  use 
for  such  purpose  any  money  in  the  hands  of  the  board, 


42  The. Public  Health  Law 

or  may  call  on  the  city  council  for  such  money  or  it 
may  borrow  the  same  on  the  credit  of  the  municipality. 
All  such  moneys  so  expended  or  borrowed  shall  be  im- 
mediately repaid  to  the  fund  or  source  whence  they 
were  received  on  the  recovery  of  the  same  by  action  or 
otherwise  from  the  persons  responsible  for  the  expenses 
of  suppression  or  removal.  (Am'd  L.  1913,  ch.  559,  in 
effect  May   16,   1913.) 

§  32.  Expense  of  abatement  of  nuisances  a  lien  upon 
the  premises.  If  execution  upon  a  judgment  for  the 
recovery  of  the  expense  of  the  suppression  or  removal 
of  a  nuisance  or  other  matter,  pursuant  to  an  order  or 
regulation  of  any  such  local  board,  is  returned  wholly 
or  in  part  unsatisfied,  such  judgment,  if  docketed  in 
the  place  and  manner  required  by  law  to  make  a  judg- 
ment of  a  court  of  record  a  lien  upon  real  property, 
shall  be  a  first  lien  upon  such  premises,  having  prefer- 
ence over  all  other  liens  and  incumbrances  whatever. 
The  board  may  cause  such  premises  to  be  sold  for  a 
term  of  time  for  the  payment  and  satisfaction  of  such 
lien  and  the  expenses  of  the  sale.  Notice  of  such  sale 
shall  be  published  for  twelve  weeks  successively,  at 
least  once  in  each  week,  in  a  newspaper  of  the  city, 
village  or  town,  or  if  no  newspaper  is  published  therein, 
in  the  newspaper  published  nearest  to  such  premises.  If 
the  owner  or  occupant  of  the  premises,  or  his  agent,  is 
known,  a  copy  of  such  notice  shall  be  served  upon  him, 
either  personally,  at  least  fourteen  days  previous  to  the 
sale,  or  by  mail  at  least  twenty-eight  days  prior  thereto. 
The  premises  shall  be  sold  to  the  person  offering  to  take 
them  for  the  shortest  time,  paying  the  amount  unpaid 
on  such  judgment  and  interest  and  the  expenses  of  such 
notice  and  sale.  A  certificate  of  the  sale,  signed  and 
acknowledged  by  the  president  and  secretary  of  the 
board,  shall  be  made  and  delivered  to  the  purchaser, 
and  may  be  recorded  as  a  conveyance  of  real  property, 


Local  Boakds  of  Health  43 

and  the  purchaser  shall  thereupon  be  entitled  to  the 
immediate  possession  of  such  premises,  and,  if  occupied, 
may  maintain  an  action  or  proceeding  to  recover  the 
possession  thereof  against  the  occupant,  as  against  a 
tenant  of  real  property  holding  over  after  the  expira- 
tion of  his  term;  and  the  cost  of  any  such  action  or 
proceeding,  if  not  paid  by  the  occupant,  shall  also  be  a 
lien  upon  such  premises,  having  the  same  preference  as 
the  lien  of  such  judgment,  and  the  right  of  the  pur- 
chaser to  such  premises  shall  be  extended  for  a  longer 
term,  which  shall  bear  the  same  proportion  to  the 
original  term  as  the  amount  of  such  costs  bears  to  the 
amount  paid  by  the  purchaser  on  such  sale.  The  term 
of  the  purchaser  at  any  such  sale  shall  commence  when 
he  shall  have  acquired  possession  of  the  premises  sold. 
At  any  time  within  six  months  after  recording  such 
certificate,  the  owner  of  the  premises  or  any  lessee, 
mortgagee  or  incumbrancer  thereof,  or  of  any  part  of 
the  same,  may  redeem  the  premises  or  any  such  part 
from  such  sale  by  paying  to  the  purchaser  the  amount 
paid  by  him  on  the  sale,  and  all  costs  and  expenses  in- 
curred by  him  in  any  action  or  proceeding  to  recover 
possession  with  interest  at  the  rate  of  ten  per  centum 
per  annum  thereon.  If  redemption  is  made  by  the 
owner,  the  right  of  the  purchaser  shall  be  extinguished; 
if  by  a  lessee,  the  amount  paid  shall  be  applied  as  a 
payment  upon  any  rent  due  or  which  may  accrue  upon 
his  lease;  if  by  a  mortgagee  or  an  incumbrancer,  the 
amount  paid  shall  be  added  to  his  mortgage,  incum- 
brance or  other  lien,  or  if  he  have  more  than  one  to 
the  oldest,  and  shall  thereafter  be  a  part  of  such  mort- 
gage, lien  or  incumbrance  and  enforceable  as  such. 

§  33.  Manufactures  in  tenement  houses  and  dwell- 
ings. No  room  or  apartment  in  a  tenement  or  dwelling 
house,  used  for  eating  or  sleeping  purposes,  shall  be 
used  for  the  manufacture,  wholly  or  partly,  of  coats, 
vests,    trousers,    knee    pants,    overalls,    cloaks,    shirts, 


44  The  Public  Health  Law 

purses,  feathers,  artificial  flowers  or  cigars,  except  by 
the  members  of  the  family  living  therein,  which  shall 
include  a  husband  and  wife  and  their  children,  or  the 
children  of  either.  A  family  occupying  or  controlling 
such  a  workshop  shall,  within  fourteen  days  from  the 
time  of  beginning  work  therein,  notify  the  board  of 
health  of  the  city,  village  or  town,  where  such  work- 
shop is  located,  or  a  special  inspector  appointed  by  such 
board,  of  the  location  of  such  workshop,  the  nature 
of  the  work  carried  on,  and  the  number  of  persons  em- 
ployed therein;  and  thereupon  such  board  shall,  if  it 
deems  advisable,  cause  a  permit  to  be  issued  to  such 
family  to  carry  on  the  manufacture  specified  in  the 
notice.  Such  board  may  appoint  as  many  persons  as 
it  deems  advisable  to  act  as  special  inspectors.  Such 
special  inspectors  shall  receive  no  compensation,  but 
may  be  paid  by  the  board  their  reasonable  and  neces- 
sary expenses.  If  a  board  of  health  or  such  inspector 
shall  find  evidence  of  infectious  or  contagious  diseases 
present  in  any  workshop,  or  in  goods  manufactured  or 
in  process  of  manufacture  therein,  the  board  shall  issue 
such  orders  as  the  public  health  may  require,  and  shall 
condemn  and  destroy  such  infectious  and  contagious 
articles,  and  may,  if  necessary  to  protect  the  public 
health,  revoke  any  permit  granted  by  it  for  manufac- 
turing goods  in  such  workshop.  If  a  board  of  health  or 
any  such  inspector  shall  discover  that  any  such  goods 
are  being  brought  into  the  state,  having  been  manufac- 
tured, in  whole  or  in  part,  under  unhealthy  conditions, 
such  board  or  inspector  shall  examine  such  goods,  and  if 
they  are  found  to  contain  vermin,  or  to  have  been  made 
in  improper  places  or  under  unhealthy  conditions,  the 
board  may  make  such  orders  as  the  public  health  may 
require,  and  may  condemn  and  destroy  such  goods. 

§  34.  Jurisdiction  of  town  boards.     A  town  board  of 
health    shall    not    have    jurisdiction    over    any    city    or 


Local  Boards  of  Health  45 

incorporated  village  or  part  of  such  city  or  village  in 
such  town.  (Am'd  by  L.  1913,  ch.  559,  in  effect  May 
16,   1913.) 

§  35.  Expenses,  how  paid.  All  expenses  incurred  by 
any  local  board  of  health  in  the  performance  of  the 
duties  imposed  upon  it  or  its  members  by  law  shall  be 
a  charge  upon  the  municipality,  and  shall  be  audited, 
levied,  collected  and  paid  in  the  same  manner  as  the 
other  charges  of,  or  upon,  the  municipality  are  audited, 
levied,  collected  and  paid.  The  taxable  property  of  any 
incorporated  village  shall  not  be  subject  to  taxation 
for  maintaining  any  town  board  of  health,  or  for  any 
expenditure  authorized  by  the  town  board,  but  the  costs 
and  expenditures  of  the  town  board  shall  be  assessed 
and  collected  exclusively  on  the  property  of  the  town 
outside  of  any  such  village.  (Am'd  by  L.  1913,  ch. 
559,  in  effect  May  16,  1913.) 

§  36.  Relief  of  indigent  Indians  in  case  of  epidemic. 
Whenever  an  epidemic  of  a  contagious  or  infectious  dis- 
ease shall  prevail  among  the  Indians  of  any  nation, 
tribe  or  band  in  this  state,  the  overseer  of  the  poor  of 
any  town  in  which  the  reservation  of  such  nation,  tribe 
or  band  is  wholly  or  partly  situated,  may  in  accordance 
with  rules  and  regulations  adopted  by  the  state  com- 
missioner of  health,  cause  needed  medical  attendance, 
provisions  and  maintenance  to  be  furnished  to  any  in- 
digent Indian  residing  in  the  town,  who,  or  a  member 
of  whose  family,  is  afflicted  with  such  disease,  while 
such  disease  shall  continue;  and  the  cost  thereof  after 
being  audited  as  herein  provided  shall  be  a  state  charge. 
A  verified  statement  of  any  expenses  incurred  under 
this  section  shall  be  transmitted  by  the  overseer  of  the 
poor  to  the  state  commissioner  of  health.  Such  com- 
missioner shall  examine  into  the  matter,  and  if  satis- 
fied that  such  expenses  were  properly  and  necessarily 
incurred  in  accordance  with  the  rules  and  regulations 


46  The  Public  Health  Law 

of  the  state  commissioner  of  health,  shall  audit  and 
allow  the  same,  and  when  so  audited,  the  amount 
thereof  shall  be  paid  by  the  state  treasurer  on  the  war- 
rant of  the  comptroller  to  such  overseer  of  the  poor. 

§  «36-a.  Providing  for  the  care  and  maintenance  of 
carriers  of  disease.  Whenever  an  individual  is  declared 
by  the  state  commissioner  of  health  as  being  a  carrier 
of  typhoid  fever  bacilli  and  whenever,  for  the  protec- 
tion of  the  public  health,  the  state  commissioner  of 
health  shall  have  certified  to  the  necessity  of  continued 
quarantine;  or,  whenever,  in  accordance  with  rules  and 
regulations  adopted  by  the  state  commissoiner  *  of 
health  a  carrier  of  the  germs  of  typhoid  fever  is  pre- 
vented from  carrying  on  any  occupation  which  would 
enable  him  to  gain  a  livelihood,  such  individual  may 
be  given  hospital  or  institutional  care  under  the  sur- 
veillance of  the  local  health  officer  at  the  expense  of 
the  state  if  such  hospital  or  institution  in  the  judg- 
ment of  the  state  commissioner  of  health  be  properly 
equipped  for  the  care  and  maintenance  of  said  indi- 
vidual. 

When  no  such  hospital  or  institution  is  available 
and  when  in  the  opinion  of  the  state  commissioner  of 
health  such  individual  may  be  cared  for  at  home  or  in 
a  private  family  with  due  regard  to  the  protection  of 
the  public  health  the  local  charities  commissioner  or 
overseer  of  the  poor  shall,  in  accordance  with  rules 
and  regulations  adopted  by  the  commissioner  of  health, 
furnish  necessary  medical  attendance  and  maintenance. 
No  expenditure  for  the  purposes  herein  authorized 
shall  be  contracted  for  or  incurred  by  any  local  overseer 
of  the  poor  or  charities  commissioner  until  after  such 
expenditure  has  been  authorized  and  approved  by  the 
state  commissioner  of  health.  A  verified  statement  of 
any  such  approved  expense  incurred  hereunder  shall  be 
transmitted  by  the  local  overseer  of  the  poor  or  char- 
ities commissioner  to  the  state  commissioner  of  health. 

*  So   in   original. 


Local  Boards  of  Health  47 

The  commissioner  of  health  shall  examine  this  state- 
ment and  if  satisfied  that  such  authorized  expenses 
are  correct  and  necessary  in  accordance  with  rules  and 
regulations  adopted  by  him  he  shall  audit  and  allow  the 
same  and  when  so  audited  the  amount  thereof  shall 
be  paid  by  the  state  treasurer  on  the  warrant  of  the 
comptroller  to  such  institution  or  local  poor  officer. 
(Added  by  L.  1916,  ch.  371,  in  effect  May  1,  1916.) 

§  37.  Mandamus.  The  performance  of  any  duty  or 
the  doing  of  any  act  enjoined,  prescribed  or  required  by 
this  article,  may  be  enforced  by  mandamus  at  the  in- 
stance of  the  state  department  of  health  or  its  president 
or  secretary,  or  of  the  local  board  of  health,  or  of  any 
citizen  of  full  age  resident  of  the  municipality  where 
the  duty  should  be  performed  or  the  act  done. 

§  38.  Exceptions  and  limitations  as  to  city  of  New 
York.  Sections  twenty  to  thirty-eight  inclusive  of  this 
article  shall  not  be  construed  to  affect,  alter  or  repeal 
laws  now  in  force  relating  to  the  board  of  health  of 
the  city  of  New  York  nor  the  sanitary  code  duly 
adopted  and  now  in  force  in  such  city.  (Am'd  by  L. 
1913,  ch.  559,  in  effect  May  16,  1913.) 

§  39.  Certain  kinds  of  business  and  manufacture  pro- 
hibited in  cities  or  within  three  miles  therefrom;  ex- 
ceptions. It  shall  not  be  lawful  for  any  person  or 
persons  to  engage  in  or  carry  on  the  business  of  fat 
rendering,  bone  boiling  or  the  manufacture  of  fertilizers 
or  any  business  as  a  public  nuisance  within  the  cor- 
porate limits  of  any  incorporated  city  of  this  state,  or 
within  a  distance  of  three  miles  from  the  corporate 
limits  of  any  incorporated  city,  provided,  however,  that 
nothing  herein  contained  shall  prevent  the  rendering  of 
fresh  killed  cattle  or  swine.  All  departments  of  health 
or  the  commissioner  or  commissioners  thereof  in  any 
incorporated  city  of  this  state  shall  have  power  to 
enforce  the  provisions  of  this  section.  Any  person  or 
persons  offending  against  the  provisions  of  this  section 


48  The  Public  Health  Law 

shall,  upon  conviction  thereof,  he  guilty  of  a  misde- 
meanor. This  section  shall  not  apply  to  the  counties 
of  Fulton,  Wayne,  Tompkins,  Chautauqua,  Orange, 
Dutchess,  Erie,  Monroe,  Oneida,  Onondaga,  New  York, 
Schoharie,  Ulster,  Greene,  Cayuga,  Cattaraugus,  Niag- 
ara, Saratoga,  Schenectady,  Hamilton,  Montgomery  and 
Orleans. 

ARTICLE   IV 

Adulterations 
Section  40.  Definitions. 

41.  Adulterations. 

42.  Duties    of    state    department    of    health    in 

respect  to  adulterations. 

43.  Analysis   of    spirituous,    fermented   or   malt 

liquors. 

44.  Samples  to  be  furnished. 

45.  Seizure  of  milk. 

46.  Adulteration  of  wines. 

47.  Pure  wine  defined. 

48.  Half  wine  and  made  wine  defined;  packages, 

how  stamped  or  labeled. 

49.  Penalties. 

50.  Report  to  district  attorney. 

§  40.  Definitions.  The  term  "  food,"  when  used  herein, 
shall  include  every  article  of  food  and  every  beverage 
used  by  man  and  all  confectionery;  the  term  "drug," 
when  so  used,  shall  include  all  medicines  for  external 
and  internal  use. 

§  41.  Adulterations.  No  person  shall,  within  the  state, 
manufacture,  produce,  compound,  brew,  distill,  have,  sell 
cr  offer  for  sale  any  adulterated  food  or  drug.  An 
article  shall  be  deemed  to  be  adulterated  within  the 
meaning  of  this  chapter: 

A.  In  the  case  of  drugs: 

1.  If  when  sold  under  or  by  a  name  recognized  in  the 
United  States  pharmacopeia,  it  differs  from  the  stand- 
ard of  strength,  quality  or  purity  laid  down  therein. 


Adulterations  49 

2.  If,  "when  sold  under  or  by  a  name  not  recognized  in 
the  United  States  pharmacopeia,  but  which  is  found  in 
some  other  pharmacopeia  or  other  standard  work  on 
materia  medica,  it  differs  materially  from  the  standard 
of  strength,  quality  or  purity  laid  down  in  such  work. 

3.  If  its  strength  or  purity  fall  below  the  professed 
standard  under   which   it   is   sold. 

4.  If  it  contains  methyl  or  wood  alcohol,  in  any  of  its 
forms,  or  any  methylated  preparation  made  from  it. 

B.  In  the  case  of  food: 

1.  If  any  substance  or  substances  has  or  have  been 
mixed  with  it  so  as  to  reduce  or  lower  or  injuriously 
affect  its  quality  or  strength. 

2.  If  any  inferior  or  cheaper  substance  or  substances 
have  been  substituted  wholly  or  in  part  for  the  article. 

3.  If  any  valuable  constituent  of  the  article  has 
been  wholly  or  in  part  abstracted. 

4.  If  it  be  an  imitation  or  be  sold  under  the  name  of 
another  article. 

5.  If  it  consists  wholly  or  in  part  of  diseased  or  de- 
composed or  putrid  or  rotten  animal  or  vegetable  sub- 
stance, whether  manufactured  or  not,  or  in  the  case  of 
milk,  if  it  is  the  product  of  a  diseased  animal. 

6.  If  it  be  colored,  or  coated,  or  polished,  or  powdered, 
whereby  damage  is  concealed,  or  it  is  made  to  appear 
better  than  it  really  is,  or  of  greater  value. 

7.  If  it  contain  any  added  poisonous  ingredient,  or 
any  ingredient  which  may  render  such  article  injurious 
to  the  health  of  the  person  consuming  it.  Provided 
that  an  article  of  food  which  does  not  contain  any 
"ingredient  injurious  to  health,  shall  not  be  deemed  to 
have  been  adulterated,  in  the  case  of  mixtures  or  com- 
pounds which  may  be  now,  or  from  time  to  time  here- 
after, known  as  articles  of  food  under  their  own  dis- 
tinctive names,  or  which  shall  be  labeled  so  as  to 
plainly  indicate  that  they  are  mixtures,   combinations, 


50  The  Public  Health  Law 

compounds    or   blends,    and   not   included    in    definition 
four  of  this  subdivision. 

8.  If  it  contains  methyl  or  wood  alcohol  in  any  of 
its  forms,  or  any  methylated  preparation  made  from  it. 

C.  In  the  case  of  spirituous,  fermented  and  malt 
liquors,  if  it  contain  methyl  or  wood  alcohol  in  any  of 
its  forms,  or  any  substance  or  ingredient  not  normal  or 
healthful  to  exist  in  spirituous,  fermented  or  malt 
liquors,  or  which  may  be  deleterious  or  detrimental  to 
health  when  such  liquors  are  used  as  a  beverage.  In 
the  case  of  ale  or  beer,  if  it  contains  any  substitute  for 
hops,  or  pure  extract  of  hops,  or  if  any  such  substitute 
is  used  in  the  manufacture  thereof. 

D.  In  the  case  of  confectionery,  if  it  contains  terra 
alba,  barytes,  talc  or  other  mineral  substance  or  poison- 
ous colors  or  flavors,  or  other  ingredients  deleterious  or 
detrimental  to  health.  If  the  standard  of  any  article 
of  food  or  any  drug  is  not  established  in  a  national 
pharmacopeia,  the  state  board  of  health  shall,  from 
time  to  time,  fix  the  limit  for  variability  permissible 
therein.  The  state  board  of  health  may,  from  time  to 
time,  with  the  approval  of  the  governor,  declare  what 
articles  or  preparations  shall  be  exempt  from  the  pro- 
's isions  of  this  article,  and  publish  a  list  of  such  articles 
which  shall  thereafter  be  so  exempt.  Every  person  vio- 
lating any  provision  of  this  section  shall  forfeit  to  the 
people  of  the  state  the  sum  of  one  hundred  dollars  for 
every  such  violation. 

§  42.  Duties  of  state  department  of  health  in  respect 
to  adulterations.  The  state  department  of  health  shall 
take  cognizance  of  the  interests  of  the  public  health  as 
affected  by  the  sale  or  use  of  food  and  drugs  and  the 
adulterations  thereof,  and  make  all  necessary  inquiries 
and  investigations  relating  thereto.  It  shall  appoint 
such  public  analysts,  chemists  and  inspectors  as  it 
may  deem  necessary  for  that  purpose,  and  revoke  any 


Adulterations  51 

such  appointment  whenever  it  shall  deem  the  person 
appointed  incompetent,  or  his  continuance  in  the  service 
for  any  reason  undesirable.  It  shall,  from  time  to  time, 
adopt  such  measures  and  make  such  regulations  and 
declarations,  in  addition  to  the  provisions  of  this 
article,  as  may  seem  necessary  to  enforce  or  facilitate 
the  enforcement  of  this  article,  or  for  the  purpose  of 
making  an  examination  or  analysis  of  any  food  or  drug 
sold  or  exposed  for  sale  in  the  state,  and  all  such  regu- 
lations and  declarations  made  in  any  year  shall  be  filed 
in  the  office  of  the  secretary  of  state  and  published  in 
the  session  laws  first  published  after  the  expiration  of 
thirty  days  from  such  filing. 

§  43.  Analysis  of  spirituous,  fermented  or  malt 
liquors.  The  state  department  of  health  shall  at  least 
once  in  each  calendar  year  cause  samples  to  be  pro- 
cured in  the  public  market  or  otherwise  of  the  spirit- 
uous, fermented  or  malt  liquors,  distilled,  brewed,  manu- 
factured, sold  or  offered  for  sale  in  each  brewery  and 
distillery  located  in  this  state.  Such  samples  shall  be 
kept  in  vessels  in  a  condition  to  obtain  a  proper  test  and 
analysis  thereof.  Such  vessels  shall  be  properly  labeled 
and  numbered,  and  an  accurate  list  kept  of  the  names 
of  the  distillers,  brewers  and  vendors  of  the  liquors 
from  which  the  samples  were  taken,  and  opposite  each 
name  shall  appear  the  number  which  is  written  or 
printed  on  the  label  attached  to  the  vessel  containing 
the  sample.  Such  lists,  numbers  and  labels  shall  be 
exclusively  for  the  information  of  such  department  and 
shall  not  be  disclosed  or  published  unless  upon  discovery 
of  some  deleterious  substance  therein  prior  to  the  com- 
pletion of  the  analysis  or  required  in  evidence  in  court. 
When  listed  and  numbered,  every  such  sample  shall  be 
delivered  to  an  analyst,  chemist  or  officer  of  the  depart- 
ment and  shall  be  designated  and  known  to  him  only 
by  its  number,   and  by  no  other  mark  or  designation. 


52  The  Public  Health  Law 

A  .test  or  analysis  of  such  sample  shall  be  made  by 
such  analyst,  chemist  or  officer,  which  will  determine 
the  ingredients  or  component  parts  thereof.  The  result 
of  such  test  or  analysis  shall  be  immediately  reported 
to  the  department  by  the  person  making  the  same, 
setting  forth  explicitly  the  nature  of  any  deleterious 
substance,  compound  or  adulteration  found  therein 
which  may  be  detrimental  to  public  health,  and  the 
number  of  samples  in  which  it  was  found.  Any 
brewer,  distiller  or  vendor  in  whose  samples  any  such 
substance,  compound  or  adulteration  is  found  upon  any 
such  test  or  analysis,  shall  be  deemed  to  have  violated 
the  provisions  of  this  article,  prohibiting  the  manufac- 
turing, having,  selling  or  offering  for  sale  of  adulterated 
food. 

§  44.  Samples  to  be  furnished.  Every  person  selling, 
or  offering,  or  exposing  for  sale  or  manufacturing  or 
producing  any  article  of  food,  or  any  drug,  shall  upon 
tender  of  the  value  thereof,  furnish  any  analyst,  chemist, 
officer  or  agent  of  the  state  department  of  health  or  of 
any  local  board  of  health,  with  a  sample  of  any  such 
article  or  drug,  sufficient  for  the  purpose  of  analysis 
or  test.  For  every  refusal  to .  furnish  the  same,  the 
person  so  refusing  shall  forfeit  to  the  people  of  the 
state  the  sum  of  one  hundred  dollars. 

§  45.  Seizure  of  milk.  When  a  health  officer  or  other 
official  shall  seize  or  destroy  or  cause  to  be  seized  or 
destroyed  any  milk,  he  shall  take  a  sample  of  such  milk 
in  the  presence  of  at  least  one  witness,  and  shall,  in 
the  presence  of  such  witness,  seal  such  sample  and 
tender  it  to  the  vendor  or  person  in  charge  of  such 
milk,  and  if  accepted,  shall  also  deliver  therewith  a 
statement  in  writing  of  the  date  and  cause  of  such 
seizure  or  destruction.  Any  health  officer  or  other 
official  violating  the  provisions  of  this  section,  shall  be 
liable  to  a  penalty  of  fifty  dollars,  to  be  recovered  by 
the  person  aggrieved. 


Adulterations  53 

• 
§   46.   Adulteration   of  wines.     All  wines  containing 

alcohol,  except  such  as  shall  be  produced  by  the  natural 
fermentation  of  pure  undried  fruit  juices  or  compounded 
with  distilled  spirits,  whether  denominated  as  wines  or 
by  any  other  name,  which  may  be  used  as  a  beverage  or 
compounded  with  other  liquors  intended  for  such  use, 
and  all  compounds  of  the  same  with  pure  wine,  and 
all  preserved  fruit  juices  compounded  with  substances 
not  produced  from  undried  fruit  in  the  nature  of  or 
intended  for  use  as  a  beverage,  or  for  use  in  the  fermen- 
tation or  preparation  of  liquors  intended  for  such  use, 
and  all  wines,  imitations  of  wines  or  other  beverages 
produced  from  fruit,  which  shall  contain  any  alum, 
baryta  salts,  caustic  lime,  carbonate  of  soda,  carbonate 
of  potash,  carbonic  acid,  salts  of  lead,  glycerine,  salic 
acid,  or  any  other  antiseptic,  coloring  matter,  not  pro- 
duced from  undried  fruit,  artificial  flavoring,  essence 
of  ether,  methyl  or  wood  alcohol,  in  any  of  its  forms,  or 
any  other  foreign  substance  injurious  to  health,  shall  be 
known  as  or  deemed  to  be  adulterated  wine,  and  shall 
not  be  sold,  offered  for  sale  or  manufactured  with  intent 
to  sell  within  this  state;  and  all  such  wine  and  every 
such  beverage  shall  be  deemed  a  public  nuisance  and 
forfeited  to  the  state  and  shall  be  summarily  seized 
and  destroyed  by  any  health  officer  within  whose  juris- 
diction it  shall  be  found,  and  the  reasonable  expense  of 
such  seizure  and  destruction  shall  be  a  county  charge. 
§  47.  Pure  wine  defined.  For  the  purpose  of  this 
article,  pure  wine  shall  be  deemed  to  mean  the  fer- 
mented juice  of  undried  grapes  or  other  undried  fruits, 
but  the  addition  of  pure  sugar  to  perfect  the  wine  or 
of  pure  distilled  spirits  to  preserve  it,  not  to  exceed 
eight  per  centum  of  its  volume,  or  the  use  of  things 
necessary  to  clarify  and  fine  the  wine  not  injurious  to 
health  shall  not  be  construed  as  adulteration,  if  such 
pure  wine  shall  contain  at  least  seventy-five  per  centum 
of  pure  grape  or  other  undried  fruit  juice. 


54  The  Public  Health  Law 

§  48.  Half  wine  and  made  wine  defined;  packages, 
how  stamped  and  labeled.  For  the  purpose  of  this 
article,  any  wine  which  contains  less  than  seventy-five 
and  more  than  fifty  per  centum  of  pure  grape  or  other 
undried  fruit  juice  and  is  otherwise  pure  shall  be  known 
as  half  wine,  and  upon  each  and  every  package  of  such 
wine  manufactured  with  the  intent  to  sell,  or  sold  or 
offered  for  sale  by  any  person  within  this  state,  if  con- 
taining more  than  three  gallons,  there  shall  be  stamped 
on  both  ends  of  the  package  containing  the  same  in  black 
printed  letters,  at  least  one  inch  in  height  and  of 
proper  proportion  in  width,  the  words  "  half  wine  "j  and 
if  containing  more  than  one  quart  and  not  more  than 
three  gallons,  there  shall  be  stamped  on  each  package 
in  plain  printed  black  letters,  at  least  one-half  inch 
high  and  of  proper  proportion  as  to  width,  the  words 
"  half  wine  " ;  and  if  in  a  package  or  bottle  of  one  quart 
or  less,  there  shall  be  placed  a  label  securely  pasted 
thereon,  having  the  words  "  half  wine  "  plainly  printed 
in  black  letters  at  least  one-quarter  of  an  inch  high  and 
of  proper  proportion  as  to  width.  If  any  number  of 
small  packages  is  inclosed  in  a  larger  package,  as  a  box, 
barrel,  case  or  basket,  such  outside  package  shall  have 
thereon  the  stamp  "  half  wine "  in  letters  of  a  size 
according  to  the  size  of  such  outer  package.  Every 
person  who  shall  sell,  offer  for  sale,  or  manufacture 
with  the  intent  to  sell,  within  the  state  any  wine  con- 
taining less  than  fifty  per  centum  of  pure  grape  or 
other  undried  fruit  juice  and  otherwise  pure,  shall  cause 
all  the  packages  containing  the  same  to  be  stamped, 
marked  and  labeled  with  the  words  "  made  wine "  in 
the  same  manner  as  "  half  wine "  is  required  in  this 
section  to  be  stamped,  marked  and  labeled,  and  all  such 
wine  shall  be  known  and  sold  as  "  made  wine." 

§  49.  Penalties.  Every  person  who  manufactures  with 
intent  to  sell,  sells  or  offers  for  sale  within  the  state, 
any  wine  of  a  kind  or  character,  the  manufacture,  sale 


Potable  Waters  55 

or  offering  for  sale  of  which  is  prohibited  by  this 
article,  or  which  is  not  stamped,  marked  or  labeled  as 
required  by  this  article,  shall  forfeit  to  the  county 
wherein  such  manufacture,  sale  or  offering  for  sale  takes 
place,  the  sum  of  one-half  dollar  for  each  gallon  thereof 
so  sold  or  manufactured  with  the  intent  to  sell.  The 
provisions  of  the  three  preceding  sections  of  this  article 
shall  not  apply  to  medicated  wines  which  are  put  up 
and  sold  for  medical  purposes  only. 

§  50.  Report  to  district  attorney.  Upon  discovering 
any  violations  of  the  provisions  of  the  penal  law  relat- 
ing to  the  adulteration  of  foods  and  drugs,  the  state 
department  of  health  shall  immediately  communicate 
the  facts  to  the  district  attorney  of  the  county  where 
the  violation  occurred,  who  shall  thereupon  forthwith 
commence  proceedings  for  the  indictment  and  trial  of 
the  person  charged  with  such  violation.  Nothing  in 
this  article  shall  be  construed  to  in  any  way  repeal  or 
affect  any  of  the  provisions  of  the  agricultural  law,  nor 
to  prohibit  the  coloring  of  butter  made  from  milk,  the 
product  of  the  dairy,  or  the  cream  from  the  same  with 
coloring  matter  which  is  not  injurious  to  health. 

Note. — -Since  the  enactment  of  similar  section  in  Agriculture  Law 
in  1893,  this  work  has  been  carried  on  by  the  Department  of  Agricul- 
ture. 

ARTICLE   V 
Potable  Waters 

Section  70.  Rules  and  regulations  of  department. 

71.  Inspection   of  water  supply. 

72.  Rules    and    regulations    for    water    supplies 

legalized. 

73.  Sewerage. 

73-a.  Sanitary  control  of  water  supply  of  the 
city  of  New  York,  tributary  to  the 
Catskill  aqueduct. 

74.  Discharge  of  sewage  into  Wallkill  creek  pro- 

hibited. 


56  The  Public  Health  Law 

Section  75.  Discharge   of   sewage   into  the  Susquehanna 
near   Binghamton   prohibited. 

76.  Discharge  of  sewage  and  other  matter  into 

certain  waters  prohibited. 
76a.  Order  to  discontinue  pollution  of  waters. 

77.  Permission  to  discharge  sewage. 

78.  Permission  to  discharge  refuse  or  waste  mat- 

ter from  industrial  establishments. 

79.  Plans    for    refuse    discharge    pipes    must   be 

submitted. 

80.  Revocation  of  permit. 

81.  Reports    of    municipal    authorities    to    local 

boards  of  health. 

82.  Reports   of   proprietors    of   industrial   estab- 

lishments. 

83.  Record  of  permits;  inspection  of  local  boards 

of  health. 

84.  Violations;  service  of  notice;  actions. 

85.  Penalties. 

86.  Constructions  and  limitations  made  by  sec- 

tions seventy-six  to  eighty-five,  inclusive. 

87.  Actions    by    municipalities    to    prevent    dis- 

charge  of   sewage   into  waters. 

§  70.  Rules  and  regulations  of  department.  The 
state  department  of  health  may  make  rules  and  regu- 
lations for  the  protection  from  contamination  of  any 
or  all  public  supplies  of  potable  waters  and  their  sources 
within  the  state,  and  the  commissioner  of  water  supply, 
gas  and  electricity  of  the  city  of  New  York  and  the 
board  of  water  supply  of  the  city  of  New  York  may 
make  such  rules  and  regulations  subject  to  the  approval 
of  the  state  department  of  health  for  the  protection 
from  contamination  of  any  or  all  public  supplies  of 
potable  waters  and  their  sources  within  the  state  where 
the  same  constitute  a  part  of  the  source  of  the  public 


Potable  Waters  57 

water  supply  of  said  city.  If  any  such  rule  or  regulation 
relates  to  a  temporary  source  or  act  of  contamination, 
any  person  violating  such  rule  or  regulation  shall  be 
liable  to  prosecution  for  misdemeanor  for  every  such 
violation,  and  on  conviction  shall  be  punished  by  a  fine 
not  exceeding  two  hundred  dollars,  or  imprisonment  not 
exceeding  one  year,  or  both.  If  any  such  rule  or  regu- 
lation relates  to  a  permanent  source  or  act  of  contami- 
nation, said  department  may  impose  penalties  for  the 
violation  thereof  or  the  noncompliance  therewith,  not 
exceeding  two  hundred  dollars  for  every  such  violation 
or  noncompliance.  Every  such  rule  or  regulation  shall 
be  published  at  least  onee  in  each  week  for  six  con- 
secutive weeks,  in  at  least  one  newspaper  of  the  county 
where  the  waters  to  which  it  relates  are  located.  The 
cost  of  such  publication  shall  be  paid  by  the  corpora- 
tion or  municipality  benefited  by  the  protection  of  the 
water  supply  to  which  the  rule  or  regulation  published 
relates.  The  affidavit  of  the  printer,  publisher  or  pro- 
prietor of  the  newspaper  in  which  such  rule  or  regula- 
tion is  published  may  be  filed,  with  the  rule  or  regula- 
tion published,  in  the  county  clerk's  office  of  such 
county,  and  such  affidavit  and  rule  and  regulation  shall 
be  conclusive  evidence  of  such  publication,  and  of  all 
the  facts  therein  stated  in  all  courts  and  places. 
(Am'd  by  L.  1915,  ch.  665,  in  effect  May  20,  1915.) 

§  71.  Inspection  of  water.  The  officer  or  board 
having  by  law  the  management  and  control  of 
the  potable  water  supply  of  any  municipality,  and  in 
the  city  of  New  York,  the  commissioner  of  water  sup- 
ply, gas  and  electricity,  and  the  board  of  water  supply 
of  the  city  of  New  York,  or  the  corporation  furnishing 
such  suppjy,  may  make  such  inspection  of  the  sources 
of  such  water  supply  as  such  officer,  board  or  corpora- 
tion deems  advisable  and  to  ascertain  whether  the 
rules  Or  regulations  of  the  state  department  and  of 
the  commissioner  of  water  supply,  gas  and  electricity 


58  The  Public  Health  Law 

of  the  city  of  New  York,  and  of  the  board  of  water 
supply  of  the  city  of  New  York,  are  complied  with,  and 
.shall  make  such  regular  or  special  inspections  as  the 
state  commissioner  of  health  or  the  commissioner  of 
the  department  of  water  supply,  gas  and  electricity  of 
the  city  of  New  York,  or  the  board  of  water  supply  of 
the  city  of  New  York,  may  prescribe.  If  any  such  in- 
spection discloses  a  violation  of  any  such  rule  or  regula- 
tion relating  to  a  temporary  or  permanent  source  or  act 
of  contamination,  such  officer,  board  or  corporation  shall 
cause  a  copy  of  the  rule  or  regulation  violated  to  be 
served  upon  the  person  violating  the  same,  with  a 
notice  of  such  violation.  If  the  person  served  does  not 
immediately  comply  with  the  rule  or  regulation  vio- 
lated, such  officer,  board  or  corporation,  except  in  a 
case  concerning  the  violation  of  a  rule  or  regulation 
relating  to  a  temporary  or  permanent  source  or  act 
of  contamination  affecting  the  potable  water  supply  of 
the  city  of  New  York,  shall  notify  the  state  depart- 
ment of  the  violation,  which  shall  immediately  examine 
into  such  violation;  and  if  such  person  i9  found  by  the 
state  department  to  have  actually  violated  such  rule  or 
regulation,  the  commissioner  of  health  shall  order  the 
local  board  of  health  of  such  municipality  wherein  the 
violation  or  noncompliance  occurs,  to  convene  and  en- 
force obedience  to  such  rule  or  regulation.  If  the  local 
board  fails  to  enforce  such  order  within  ten  days  after 
its  receipt,  the  corporation  furnishing  such  water  sup- 
ply or  the  municipality  deriving  its  water  supply  from 
the  waters  to  which  such  rule  or  regulation  relates,  or 
the  state  commissioner  of  health  or  the  local  board  of 
health  of  the  municipality  wherein  the  water  supply 
protected  by  these  rules  is  used,  or  any  person  inter- 
ested in  the  protection  of  the  purity  of  the  water 
supply,  may  maintain  an  action  in  a  court  of  record 
which  shall  be  tried  in  the  county  where  the  cause 
of   action   arose   against   such   person,   for   the   recovery 


Potable  Waters  59 

of  the  penalties  incurred  by  such  violation,  and  for 
an  injunction  restraining  him  from  the  continued  viola- 
tion of  such  rule  or  regulation.  If  the  person  served 
does  not  comply  within  five  days  with  the  rule  or  regu- 
lation violated,  in  case  such  rule  or  regulation  relates 
to  a  temporary  or  permanent  source  or  act  of  contami- 
nation affecting  the  potable  water  supply  of  the  city 
of  New  York,  the  commissioner  of  water  supply,  gas 
and  electricity  of  said  city,  or  the  board  of  water  sup- 
ply of  the  city  of  New  York,  may  summarily  enforce 
compliance  with  such  rule  or  regulation,  and  may  sum- 
marily abate  or  remove  the  cause  of  the  violation  of 
such  rule  or  regulation  or  the  nuisance  so  created,  and 
to  that  end  may  employ  such  force  as  may  be  neces- 
sary and  proper;  provided,  however,  that  no  building 
or  improvements  shall  be  removed,  disturbed  or  de- 
stroyed by  the  said  commissioner  of  water  supply,  or 
the  said  board  of  water  supply  until  he  or  they 
shall  cause  measurements  to  be  made  of  the  build- 
ings and  photographs  of  the  exterior  views  thereof, 
which  measurements  and  photographs  shall  be  at  the 
disposition  thereafter  of  the  owners  or  their  attorneys, 
and  failure  to  exercise  such  right  of  abatement  shall 
not  be  deemed  a  waiver  thereof.  Failure  to  comply 
within  five  days  with  such  rule  and  regulation  shall 
further  entitle  the  city  of  New  York  to  maintain  an 
action  in  any  court  having  jurisdiction  thereof  for  the 
recovery  of  the  penalties  incurred  by  such  violation 
and  for  an  injunction  restraining  the  person  or  persons 
violating  such  rule  or  regulation,  or  creating  or  con- 
tinuing such  nuisance,  from  the  continued  violation  of 
such  rule  or  regulation  or  continuance  of  such  nuisance; 
the  remedy  by  abatement  being  not  exclusive.  (Am'd 
by  L.  1915,  ch.  665,  in  effect  May  20,  1915.) 

§  72.  Rules  and  regulations  for  water  supplies  legal- 
ized. All  rules  and  regulations  heretofore  duly  made 
and    published    for    the    sanitary    protection    of    public 


60  The  Public  Health  Law 

water  supplies,  pursuant  to  chapter  five  hundred  and 
forty-three  of  the  laws  of  eighteen  hundred  and  eighty- 
five,  and  chapter  six  hundred  and  sixty-one  of  the  laws 
of  eighteen  hundred  and  ninety-three,  as  amended,  are 
hereby  legalized,  ratified,  confirmed  and  continued  in 
force,  until  new  rules  and  regulations  become  operative. 

This  section  and  the  two  preceding  sections  shall  not 
be  construed  to  repeal  or  affect  any  of  the  provisions  of 
chapter  three  hundred  and  seventy-eight  of  the  laws  of 
eighteen  hundred  and  ninety-seven,  or  its  amendments. 

§ ,  73.  Sewage.  When  the  state  department  of 
health,  or  the  commissioner  of  water  supply,  gas  and 
electricity  of  the  city  of  New  York,  or  the  board  of 
water  supply  of  the  city  of  New  York,  shall,  for  the 
protection  of  a  water  supply  from  contamination,  make 
orders  or  regulations  the  execution  of  which  will  require 
or  make  necessary  the  construction  and  maintenance 
of  any  system  of  sewage,*  or  a  change  thereof,  in  or 
for  any  village  or  hamlet,  whether  incorporated  or  un- 
incorporated, or  the  execution  of  which  will  require  the 
providing  of  some  public  means  of  removal  or  purifica- 
tion of  sewage,  the  municipality  or  corporation  owning 
the  water  works  benefited  thereby  shall,  at  its  own 
expense,  construct  and  maintain  such  system  of  sewage,* 
or  change  thereof,  and  provide  and  maintain  such 
means  of  removal  and  purification  of  sewage  and  such 
works  or  means  of  sewage  disposal  as  shall  be  ap- 
proved by  the  state  department  of  health,  and  for  that 
purpose  said  municipality  or  corporation  may  acquire, 
under  the  general  condemnation  law,  the  necessary  real 
estate  or  interest  therein  whether  now  used  for  public 
or  private  purposes.  When  the  execution  of  any  such 
regulations  of  the  state  department  of  health,  or  the 
commissioner  of  water  supply,  gas  and  electricity  of 
the  city  of  New  York,  or  the  board  of  water  supply  of 
the  city  of  New  York,  will  occasion  or  require  the  re- 

*  So  in  original. 


Potable  Waters  61 

moval  of  any  building  or  buildings,  the  municipality 
or  corporation  owning  the  water  works  benefited  thereby 
shall,  at  its  own  expense,  remove  such  buildings  and 
pay  to  the  owner  thereof  all  damages  occasioned  by 
such  removal.  When  the  execution  of  any  such  regula- 
tion will  injuriously  affect  any  property  the  munici- 
pality or  corporation  owning  the  water  works  bene- 
fited thereby  shall  make  just  and  adequate  compensa- 
tion for  the  property  so  taken  or  injured  and  for  all 
injuries  caused  to  the  legitimate  use  or  operation  of 
such  property.  Until  such  construction  or  change  of 
such  system  or  systems  of  sewerage,  and  the  providing 
of  such  means  of  removal  or  purification  of  sewage, 
and  until  such  works  or  means  of  sewage  disposal  and 
the  removal  of  any  building  are  so  made  by  the  munici- 
pality or  corporation  owning  the  water  works  to  be 
benefited  thereby  at  its  own  expense,  and  until,  except 
in  the  case  of  a  municipality,  the  corporation  owning 
the  water  works  benefited  shall  make  just  and  adequate 
payment  for  all  injuries  to  property  and  for  all  injuries 
caused  to  the  legitimate  use  or  operation  of  such  prop- 
erty, there  shall  be  no  action  or  proceeding  taken  by 
any  such  municipality,  officer,  board,  person  or  corpo- 
ration against  any  person  or  corporation  for  the  viola- 
tion of  any  regulation  of  the  state  department  of  health 
under  this  article,  and  no  person  or  corporation  shall 
be  considered  to  have  violated  or  refused  to  obey  any 
such  rule  or  regulation.  The  owner  of  any  building 
the  removal  of  which  is  occasioned  or  required,  or  which 
has  been  removed  by  any  rule  or  regulation  of  the 
state  department  of  health,  or  the  commissioner  of 
water  supply,  gas  and  electricity  of  the  city  of  New 
York,  or  the  board  of  water  supply  of  the  city  of  New 
York,  made  under  the  provisions  of  this  article,  and 
all  persons  whose  rights  of  property  are  injuriously 
affected  by  the  enforcement  of  any  such  rule  or  regula- 
tion, shall  have  a  cause  of  action  against  the  munici- 


62  The  Public  Health  Law 

pality  or  corporation  owning  the  water  works  bene- 
fited by  the  enforcement  of  such  rule  or  regulation,  for 
all  damages  occasioned  or  sustained  by  such  removal 
or  enforcement,  including  all  injuries  caused  to  the 
legitimate  use  or  operation  of  such  property,  and  an 
action  therefor  may  be  brought  against  such  munici- 
pality or  corporation  in  any  court  of  record  in  the 
county  in  which  the  premises  or  property  affected  is 
situated  and  shall  be  tried  thereon;  or  such  damage  may 
be  determined  by  a  special  proceeding  in  the  supreme 
court  or  the  county  court  of  the  county  in  which  the 
property  is  situated.  Such  special  proceedings  shall 
be  commenced  by  petition  and  notice  to  be  &erved  by 
such  owner  upon  the  municipality  or  corporation  in 
the  same  manner  as  for  the  commencement  of  condem- 
nation proceeding.  <Such  municipality  or  corporation 
may  make  and  serve  an  answer  to  such  petition  as  in 
condemnation  proceedings.  The  petition  and  answer 
shall  set  forth  the  claims  of  the  respective  parties, 
and  the  provisions  of  the  condemnation  law  shall  be 
applicable  to  the  subsequent  proceedings  upon  the  peti- 
tion and  answer,  if  any.  Either  party  may,  before  the 
service  of  the  petition  or  answer  respectively,  offer  to 
take  or  pay  a  certain  sum,  and  no  costs  shall  be  awarded 
against  either  party  unless  the  judgment  is  more  un- 
favorable to  him  than  his  offer.  Provided,  however, 
that  in  the  case  of  a  summary  abatement  by  a  munici- 
pality as  hereinbefore  provided,  no  costs  shall  be 
awarded  against  the  owner  of  the  property  damaged, 
and  the  commissioners  of  appraisal  in  their  report  shall 
recommend  such  additional  sum  as  may  in  their  judg- 
ment be  reasonable  as  compensation  for  witnesses  and 
other  necessary  expenses  of  claimant.  Such  munici- 
pality shall,  within  three  calendar  months  after  the 
confirmation  of  the  report  of  the  commissioners  of  ap- 
praisal, pay  to  the  respective  owners  and  bodies  politio 
or  corporate,  mentioned  or  referred  to  in  said  report,  in 


Potajble  Waters  63 

whose  favor  any  sum  or  sums  of  money  shall  be  esti- 
mated and  reported  by  said  commissioners,  the  respec- 
tive sum  or  sums  so  estimated  and  reported  in  their 
favor  respectively,  with  lawful  interest  thereon.  And 
in  case  of  neglect  or  default  in  the  payment  of  the 
same  within  the  time  aforesaid,  the  respective  person 
or  persons  or  bodies  politic  or  corporate  in  whose  favor 
the  same  shall  be  so  reported,  his,  her,  or  their  execu- 
tors, administrators  or  successors,  at  any  time  or  times, 
after  application  first  made  by  him,  her,  or  them  to 
such  municipality  for  payment  thereof,  may  sue  for 
and  recover  the  same,  with  lawful  interest  as  afore- 
said, and  the  costs  of  suit  in  any  proper  form  of  action 
against  such  municipality  in  any  court  having  cog- 
nizance thereof,  and  it  shall  be  sufficient  to  declare 
generally  for  so  much  money  due  to  the  plaintiff  or 
plaintiffs  therein  by  virtue  of  this  act,  and  the  report 
of  said  commissioners,  with  proof  of  the  right  and  title 
of  the  plaintiff  or  plaintiffs  to  the  sum  or  sums  de- 
manded shall  be  conclusive  evidence  in  such  suit  or 
action.  (Am'd  by  L.  1915,  ch.  665,  in  effect  May  20, 
1915.) 

§  73-a.  Nothing  contained  in  this  chapter  shall  ex- 
tend the  sanitary  control  of  the  board  of  water  supply 
of  the  city  of  New  York,  beyond  the  sources  of  potable 
water  supply,  tributary  to  the  Catskill  aqueduct;  and 
the  powers  granted  by  this  chapter  to  the  board  of 
water  supply  of  the  city  of  New  York  shall  cease  at 
the  time  of  the  transference  of  the  jurisdiction  over 
the  source  of  water  supply,  by  the  board  of  water  sup- 
ply to  the  commissioner  of  water  supply,  gas  and  elec- 
tricity of  the  city  of  New  York;  and  at  no  time  shall 
the  commissioner  of  water  supply,  gas  and  electricity 
of  the  city  of  New  York  and  the  board  of  water  supply 
of  said  city  have  or  exercise  concurrent  powers  or  san- 
itary control  over  the  sources  of  potable  water  supply 


64  The  Public  Health  Law 

tributary  to  the  Catskill  aqueduct.  (Added  by  L. 
1915,   ch.   6'Go,   in   effect   May  20,   1915.) 

§  74.  Discharge  of  sewage  into  Wallkill  creek  pro- 
hibited. Xo  person  or  corporation  shall  permit  the  dis- 
charge or  escape  of  any  sewage,  or  other  matter  dele- 
terious to  public  health,  or  destructive  to  fish,  or  throw 
or  cast  any  dead  animal,  carrion  or  offal,  or  other  putrid 
or  offensive  matter  into  the  waters  of  the  Wallkill  creek, 
in  the  counties  of  Ulster  and  Orange.  Any  person  vio- 
lating any  provision  of  this  section  shall  forfeit  to  the 
county  where  the  violation  occurred  the  sum  of  fifty 
dollars  for  every  such  violation. 

§  75.  Discharge  of  sewage  into  the  Susquehanna  near 
Binghamton  prohibited.  Xo  person  or  corporation  shall 
cause  to  fall,  flow  or  discharge  into  the  Susquehanna 
river  or  any  of  its  tributaries,  between  the  Rock  Bottom 
dam  in  such  river  at  the  city  of  Binghamton,  and  a 
point  one  mile  east  of  the  bridge  that  crosses  such  river 
at  Conklin,  any  sewage  matter,  or  other  foul,  noxious  or 
deleterious,  solid  or  liquid  matter,  or  any  matter  that 
may  be  declared  such  by  the  board  of  health  of  any 
municipality  adjacent  to  such  river  within  such  limit. 
The  board  of  health  of  any  such  municipality  shall  ex- 
amine into  any  alleged  offense  against  this  section  and 
cause  the  same  to  be  abated,  if  found  to  exist.  Every 
person  violating  any  provision  of  this  section  shall  for- 
feit to  the  municipality  having  a  local  board  of  health 
where  the  violation  occurs  the  sum  of  twenty-five  dollars 
for  the  first  day  when  the  violation  takes  place,  and  the 
sum  of  ten  dollars  for  every  subsequent  day  that  such 
violation  is  repeated  or  continued. 

§  76.  Discharge  of  sewage  and  other  matter  into 
certain  waters  prohibited.  Xo  person,  corporation  or 
municipality,  shall  place  or  cause  to  be  placed,  or  dis- 
charge or  cause  to  be  discharged  into  any  of  the  waters 
of    Viis    state,    in    quantities    injurious    to    the    public 


Potable  Waters  Go 

health,  any  sewage,  garbage,  offal,  or  any  decompos- 
able or  putrescible  matter  of  any  kind  or  the  effluent 
from  any  sewage  disposal  plant,  or  any  substance, 
chemical  or  otherwise,  or  any  refuse  or  waste  matter, 
either  solid  or  liquid,  from  any  sewer  or  drainage  sys- 
tem, or  from  any  shop,  factory,  mill  or  industrial  estab- 
lishment; unless  express  permission  to  do  so  shall  have 
been  first  given  in  writing  by  the  state  commissioner 
of  health  as  provided  in  this  article,  except  as  herein- 
after provided.  But  this  section  shall  not  prevent  the 
discharge  of  sewage  from  any  public  sewer  system 
owned  and  maintained  by  a  municipality  until  an  order 
prohibiting  same  shall  be  made  as  hereinafter  provided, 
or  the  discharge  of  refuse  or  waste  matter  from  any 
shop,  factory,  mill  or  industrial  establishment,  if  such 
sewer  system  w7as  in  operation  and  was  discharging 
sewage,  or  such  shop,  factory,  mill  or  industrial  estab- 
lishment was  in  operation  and  discharging  refuse  or 
waste  matter,  into  any  of  the  waters  of  this  state  on 
or  prior  to  May  seventh,  nineteen  hundred  and  three, 
and  such  municipality  or  the  proprietor  of  such  shop, 
factory,  mill  or  industrial  establishment  secured  ex- 
emption from  this  section  by  filing  a  report  with  the 
state  commissioner  of  health  in  accordance  with  law, 
nor  to  any  extension  or  modification  of  such  shop,  fac- 
tory, mill  or  industrial  establishment,  or  reconstruc- 
tion thereof,  provided  the  refuse  or  waste  matter  dis- 
charged therefrom  is  not  materially  changed  or  in- 
creased; but  this  exception  shall  not  permit  any  in- 
crease in  the  discharge  of  such  sewage,  or  in  the  dis- 
charge of  refuse  or  waste  matter  from  any  shop, 
factory,  mill  or  industrial  establishment,  nor  shall  it  per- 
mit the  discharge  of  sewage  from  a  sewer  system 
which  shall  be  extended,  modified  or  reconstructed 
subsequent  to  said  date.  (Attl'd  by  L.  1011,  ch.  553,  in 
effect  June  30,  1011.) 

3 


66  The  Public  Health  Law 

§  76-a.  Order  to  discontinue  pollution  of  waters. 
Whenever  the  state  commissioner  of  health  shall  de- 
termine upon  investigation  that  sewage  from  any  city, 
village,  town,  building,  steamboat  or  other  vessel,  or 
property,  or  any  garbage,  offal  or  any  decomposable  or 
putrescible  matter  of  any  kind  is  being  discharged  into 
any  of  the  waters  of  the  state,  which  shall  include  all 
streams  and  springs  and  all  bodies  of  surface  and 
ground  water,  whether  natural  or  artificial,  within  or 
upon  the  boundaries  of  the  state,  and  when,  in  the 
opinion  of  the  state  commissioner  of  health,  such  dis- 
charge is  polluting  such  waters  in  a  manner  injurious 
to,  or  so  as  to  create  a  menace  to  health,  or  so  as  to 
create  a  public  nuisance,  he  may  order  the  municipality, 
corporation  or  person  so  discharging  sewage,  refuse  or 
other  matter,  to  show  cause  before  him  why  such  dis- 
charge should  not  be  discontinued.  A  notice  shall  be 
served  on  the  municipality,  corporation  or  person  so 
discharging  sewage,  refuse  or  other  matter,  directing 
such  municipality,  corporation  or  person  to  show  cause 
before  the  said  state  commissioner  of  health  on  a  date 
specified  in  such  notice  why  an  order  should  not  be 
made  directing  the  discontinuance  of  such  discharge. 
Such  notice  shall  specify  the  time  when  and  the  place 
where  a  public  hearing  will  be  held  by  the  state  com- 
missioner of  health  and  notice  of  such  hearing  shall 
be  published  at  least  twice  in  a  newspaper  of  the  city, 
village,  town  or  county  where  such  discharge  occurs,  and 
shall  be  served  personally  or  by  mail  at  least  fifteen 
days  before  said  hearing  and  in  the  case  of  a  munici- 
pality or  a  corporation  such  service  shall  be  upon  an 
officer  thereof.  The  state  commissioner  of  health  shall 
take  evidence  in  regard  to  said  matter  and  he  may 
issue  an  order  to  the  municipality,  corporation  or  per- 
son responsible  for  such  discharge,  directing  that  within 
a    specified    period    of    time    thereafter    such    discharge 


Potable  Watees  67 

be  discontinued,  and  such  proper  method  of  treatment 
or  disposal  of  such  sewage,  refuse  or  waste  matter 
be  adopted  as  will  permanently  obviate  such  pollu- 
tion of  said  waters  by  the  municipality,  corporation 
or  person  responsible  therefor  and  as  shall  be  approved 
by  said  commissioner.  Such  order  shall  not  be  valid 
until  approved  by  the  governor  and  the  attorney-gen- 
eral, and  when  so  approved  it  shall  be  the  duty  of  the 
attorney-general  to  enforce  such  order.  Such  means 
or  method  for  the  treatment  or  disposal  of  sewage, 
refuse  or  other  matter  must  be  executed,  completed  and 
put  in  operation  within  the  time  fixed  in  the  order. 
The  state  commissioner  of  health  shall  have  authority 
to  require  from  the  officials  and  persons  responsible 
for  the  execution  of  such  orders  satisfactory  evidence 
at  specified  times  of  proper  progress  in  the  execution 
of  such  orders,  and  may  stipulate  and  require  that 
certain  definite  progress  shall  be  made  at  certain 
definite  times  prior  to  the  final  date  fixed  in  the 
order.  For  the  purposes  of  this  article  sewage  shall 
be  defined  as  any  substance,  solid  or  liquid  that 
contains  any  of  the  waste  products  or  excrementi- 
tious  or  other  wastes  or  washings  from  the  bodies  of 
human  beings  or  animals.  But  this  section  shall  not 
apply  to  refuse  or  waste  matter  from  any  shop,  fac- 
tory, mill  or  industrial  establishment  not  containing 
sewage  as  hereinbefore  defined.  (Added  by  L.  1911, 
ch.  553,  in  effect  June  30,   1911.) 

§  77.  Permission  to  discharge  sewage.*  Upon  appli- 
cation duly  made  to  the  state  commissioner  of  health 
by  the  public  authorities  having  by  law  the  charge  of 
the  sewer  system  of  any  municipality,  the  state  com- 
missioner  of  health   shall  have   power   to  consider  the 


*  Copy  of  the  rules  and  regulations  adopted  by  the  De- 
partment governing  the  submission  of  plans  for  sewerage 
systems  and  disposal  works  may  be  had  by  writing  the 
Department. 


68  The  Public  Health  Law 

case  of  a  sewer  system  otherwise  prohibited  by  sec- 
tion seventy-six  from  discharging  sewage  into  any  of 
the  waters  of  the  state,  and  whenever  in  his  opinion  the 
general  interests  of  the  public  health  would  not  be 
endangered  thereby  he  may  issue  a  permit  for  the 
discharge  of  sewage  from  any  such  sewer  system  into 
any  of  the  waters  of  the  state,  and  may  stipulate  in 
the  permit,  modifications,  regulations  and  conditions 
on  which  such  discharge  may  be  permitted.  Such  ap- 
plication must  be  made  in  a  form  required  by  the  state 
commissioner  of  health  and  he  may  require  such  plana 
and  information  to  be  furnished  him  as  he  deems  ad- 
visable. The  plans  for  the  construction  of  any  se\c  ?r 
system  or  sewage  disposal  plant  or  for  the  extension, 
reconstruction  or  modification  of  sewers,  sewer  sys- 
tems or  sewage  disposal  plants  shall  be  so  submitted 
with  application  for  their  approval,  and  a  permit  as 
herein  provided.  Such  permit  before  being  operative 
shall  be  recorded  in  the  county  clerk's  office  of  the 
county  wherein  the  outlet  of  the  said  sewer  system  is 
located,  and  a  copy  of  the  permit  shall  be  transmitted 
by  the  state  commissioner  of  health  to  the  board  of 
health  of  the  municipality  wherein  the  outlet  of  said 
sewer  system  is  located.  (Am'd  by  L.  1911,  ch.  553,  in 
effect  June  30,  1911.) 

§  78.  Permission  to  discharge  refuse  or  waste  matter 
from  industrial  establishments.  Upon  application  duly 
made  to  the  state  commissioner  of  health  by  the  pro- 
prietor, lessee  or  tenant  of  any  shop,  factory,  mill  or 
industrial  establishment  from  which  the  discharge  of 
refuse  or  waste  matter  into  any  of  the  waters  of  the 
state  is  otherwise  prohibited  by  section  seventy-six,  the 
state  commissioner  of  health  shall  have  power  to  con- 
sider the  case  of  the  said  shop,  factory,  mill  or  indus- 
trial establishment,  and  whenever  the  public  health  and 
purity  of  the  waters  shall  warrant  it,  he  shall  issue  a 


Potable  Waters  69 

permit  for  the  discharge  of  refuse  or  waste  matter  from 
such  shop,  factory,  mill  or  industrial  establishment  into 
any  of  the  waters  of  the  state,  and  may  stipulate  in  the 
permit  such  modifications,  regulations  and  conditions  as 
the  public  health  may  require.  Such  permit  before 
being  operative  shall  be  recorded  in  the  county  clerk's 
office  of  the  county  where  such  shop,  factory,  mill  or 
industrial  establishment  is  located  and  a  copy  of  such 
permit  shall  be  transmitted  by  the  state  commissioner 
of  health  to  the  board  of  health  of  the  municipality 
wherein  the  outlet  discharging  refuse  or  waste  matter 
from  such  shop,  factory,  mill  or  industrial  establish- 
ment shall  be  located. 

§  79.  Plans  for  refuse  discharge  pipes  must  be  sub- 
mitted. Before  any  conduit  or  discharge  pipe,  or  other 
means  of  discharging  or  casting  any  refuse  or  waste 
matter  from  any  shop,  factory,  mill  or  industrial  estab- 
lishment not  constructed  or  in  process  of  construction 
on  May  seventh,  nineteen  hundred  and  three,  shall  be 
put  in  or  constructed  for  the  purpose  of  discharging 
any  refuse  or  waste  matter  therefrom  into  any  waters 
in  this  state,  the  plan  or  plans  therefor,  together  with 
a  statement  of  the  purpose  for  which  the  same  is  to  be 
used,  shall  be  submitted  to  the  commissioner.  If  the 
same  is  not  detrimental  to  the  public  health  he  shall 
issue  a  permit  therefor  to  the  applicant.  No  such  con- 
duit, discharge  pipe  or  other  means  of  discharging  or 
casting  any  refuse  or  waste  matter  from  any  such  shop, 
factory,  mill  or  establishment  into  any  of  the  waters  of 
this  state  shall  be  put  in  or  constructed  before  such 
permit  is  granted,  and  if  put  in  or  constructed,  the 
person  putting  in  or  constructing  or  maintaining  the 
same  shall  forfeit  to  the  people  of  the  state  five  dollars 
a  day  for  each  day  the  same  is  used  or  maintained  for 
such  purpose,  to  be  collected  in  an  action  brought  by 
the   commissioner.      He   may    also   maintain   an   action 


70  The  Public  Health  Law 

in  the  name  of  the  people  to  restrain  a  violation  of 
this  section. 

§  80.  Revocation  of  permit.  Every  such  permit  for 
the  discharge  of  sewage  from  a  sewer  system  or  for  the 
discharge  of  refuse  or  waste  matter  from  a  shop,  fac- 
tory, mill  or  industrial  establishment,  shall  when  neces- 
sary to  conserve  the  public  health,  be  revocable  or  sub- 
ject to  modification  or  change  by  the  state  commissioner 
of  health  on  due  notice  after  an  investigation  and  hear- 
ing and  an  opportunity  for  all  interested  therein  to  be 
heard  thereon  being  served  on  the  public  authorities  cf 
the  municipality  owning  and  maintaining  the  sewer 
system,  or  on  the  proprietor,  lessee  or  tenant  of  the 
shop,  factory,  mill  or  industrial  establishment.  The 
length  of  the  time  after  receipt  of  the  notice  within 
which  the  discharge  of  sewage  or  of  refuse  or  waste 
matter  shall  be  discontinued  may  be  stated  in  the  per- 
mit, but  in  no  case  shall  it  exceed  two  years  in  the  case 
of  a  sewer  system,  or  one  year  in  the  case  of  a  shop, 
factory,  mill  or  industrial  establishment,  and  if  the 
length  of  time  is  not  specified  in  the  permit,  it  shall  be 
one  year  in  the  case  of  a  sewer  system  and  six  months 
in  the  case  of  a  shop,  factory,  mill  or  industrial  estab- 
lishment. On  the  expiration  of  the  period  of  time  pre- 
scribed after  the  service  of  a  notice  of  revocation,  modi- 
fication or  change  from  the  state  commissioner  of  health, 
the  right  to  discharge  sewage  or  refuse  or  waste  matter 
into  any  of  the  waters  of  the  state  shall  cease  and 
terminate  and  the  prohibition  of  section  seventy-six  of 
this  article  against  such  discharge  shall  be  in  full  force 
as  though  no  permit  had  been  granted,  but  a  new  permit 
may  thereafter  again  be  granted  as  hereinbefore  pro- 
vided. 

§  81.  Reports  of  municipal  authorities  to  local  boards 
of  health.  The  report  of  the  public  authorities  having 
by  law  charge  of  the  sewer  system  of  every  municipality 


Potable  Waters  71 

in  the  state,  from  which  sewer  system  sewage  was  being 
discharged  into  any  of  the  waters  of  the  state  on  May 
seventh,  nineteen  hundred  and  three,  transmitted  by  the 
board  of  health  of  the  municipality  within  which  any 
sewer  outlet  of  the  said  sewer  system  is  located  to  the 
state  commissioner  of  health  and  filed  by  him  in  his 
office,  shall  constitute  the  evidence  of  exemption  from 
the  prohibition  of  section  seventy-six  of  this  article.  No 
sewer  system  shall  be  exempt  from  the  prohibition  of 
said  section  against  the  discharge  of  sewage  into  the 
waters  of  the  state  for  which  a  satisfactory  report  shall 
not  have  been  filed  in  the  office  of  the  state  commissioner 
of  health  in  accordance  with  laws  of  nineteen  hundred 
and  three,  chapter  four  hundred  and  sixty-eight. 

§  82.  Reports  of  proprietors  of  industrial  establish- 
ments. The  report  of  the  proprietor  of  every  shop, 
factory,  mill  and  industrial  establishment  in  the  state, 
from  which  refuse  or  waste  matter  was  being  discharged 
into  any  of  the  waters  of  the  state  on  May  seventh,  nine- 
teen hundred  and  three,  filed  in  the  office  of  the  state 
commissioner  of  health  shall  constitute  the  evidence  of 
exemption  of  the  shop,  factory,  mill  or  industrial  estab- 
lishment from  the  prohibition  of  section  seventy-six  of 
this  article.  No  shop,  factory,  mill  or  industrial  estab- 
lishment shall  be  exempt  from  the  prohibition  of  said 
section  against  the  discharge  of  refuse  or  waste  matter 
into  the  waters  of  the  state,  for  which  a  report  shall 
not  have  been  made  in  accordance  with  laws  of  nineteen 
hundred  and  three,  chapter  four  hundred  and  sixty- 
eight. 

§  83.  Record  of  permits;  inspection  of  local  boards 
of  health.  Each  board  of  health  shall  preserve  in  its 
office  and  in  a  form  to  be  prescribed  by  tlie  state  com- 
missioner of  health,  a  permanent  record  of  each  permit 
issued  by  the  state  commissioner  of  health  granting  the 
right  to  discharge  sewage  or  refuse  or  waste  matter  into 


72  The  Public  Health  Law 

any  of  the  waters  of  the  state  within  that  municipality 
and  of  each  revocation  of  a  permit;  and  also  a  perma- 
nent record  of  each  report  received  by  the  board  of 
health  concerning  each  sewer  system  and  each  shop, 
factory,  mill  or  industrial  establishment  which  on  May 
seventh,  nineteen  hundred  and  three,  was  discharging 
sewage  or  refuse  or  waste  matter  into  any  of  the  waters 
of  the  state  within  that  municipality.  Each  local  board 
of  health  shall  make  and  maintain  such  inspection  as 
will,  at  all  times,  enable  it  to  determine  whether  section 
seventy-six  of  this  article  is  being  complied  with  in 
respect  to  the  discharge  of  sewage,  refuse  or  waste  mat- 
ter or  other  materials  prohibited  by  said  section,  into 
any  of  the  waters  of  the  state  within  that  municipality. 
For  the  purpose  of  such  inspection  every  member  of 
such  board  of  health,  or  its  health  officers,  or  any  person 
duly  authorized  by  it,  shall  have  the  right  to  make  all 
necessary  examinations  of  any  premises,  building,  shop, 
factory,  mill,  industrial  establishment,  process  or  sewer 
system. 

§  84.  Violations;  service  of  notice;  actions.  The 
local  board  of  health  of  each  municipality  shall 
promptly  ascertain  every  violation  of,  or  noncompli- 
ance with,  any  of  the  provisions  of  section  seventy- 
six  of  this  article  or  of  the  permits  for  the  discharge 
of  sewage  or  refuse  or  waste  material  into  any  of  the 
waters  of  the  state  herein  provided,  which  may  oc- 
cur within  that  municipality,  or  the  state  commissioner 
of  health  may  ascertain  such  violations  or  noncompli- 
ance. The  local  board  of  health  shall  on  the  discovery 
of  every  violation  of  or  noncompliance  with  any  of  the 
provisions  of  said  section  or  of  any  permit  duly  issued, 
report  the  same  in  writing  to  the  said  commissioner 
of  health.  Upon  such  report  from  a  local  board  of 
health  or  upon  ascertaining  such  violation  or  noncom- 
pliance,   the    state    commissioner    shall    at    once   give   a 


Potable  Waters  73 

hearing  to  and  take  the  proof  of  persons  charged  with 
such  violation  or  noncompliance  and  investigate  the 
matter,  and  if  he  finds  a  violation  or  noncompliance  to 
exist  he  may  bring  an  action  in  the  name  of  the  people 
of  the  state  in  a  court  of  record  against  the  person 
or  corporation  responsible  for  the  violation  or  non- 
compliance, for  the  recovery  of  the  penalties  incurred 
and  for  an  injunction  against  the  continuation  of  the 
violation  or  noncompliance.  (Anr'd  by  L.  1911,  ch. 
553,  in  effect  June  30,  1911.) 

§  85.  Penalties.  The  penalty  for  the  discharge  of 
sewage  from  any  public  sewer  system  into  any  of  the 
waters  of  the  state  without  a  duly  issued  permit  for 
which  a  permit  is  required  by  this  article  shall  be  five 
hundred  dollars,  and  a  further  penalty  of  fifty  dollars 
per  day  for  each  day  the  offense  is  maintained.  The 
penalty  for  the  discharge  of  sewage  from  any  public 
sewer  system  into  any  of  the  waters  of  the  state  without 
filing  a  report  for  which  a  report  is  required  to  be  filed 
with  the  board  of  health  of  the  municipality  shall  be 
ffty  dollars.  The  penalty  for  the  discharge  of  refuse 
or  waste  matter  from  any  shop,  factory,  mill  or  indus- 
trial establishment  for  which  a  permit  is  required  by 
this  article,  without  such  permit  shall  be  one  hundred 
dollars  and  ten  dollars  per  day  for  each  day  the  offense 
is  maintained.  The  penalty  for  the  discharge  of  refuse 
or  waste  matter  from  any  shop,  mill,  factory  or  indus- 
trial establishment,  without  filing  a  report  where  a  re- 
port is  required  by  this  article  to  be  filed  shall  be 
twenty-five  dollars  and  five  dollars  per  day  for  each  day 
the  offense  is  maintained.  The  penalty  for  discharging 
into  any  of  the  waters  of  the  state  any  other  matter 
prohibited  by  section  seventy-six  of  this  article,  besides 
that  specified  above,  shall  be  twenty-five  dollars  and  five 
dollars  per  day  for  each  day  the  offense  is  maintained. 

§  86.  Constructions  and  limitations  made  by  sections 


74  The  Public  Health  Law 

seventy-six  to  eighty-five,  inclusive.  Nothing  in  sec- 
tions seventy-six  to  eighty-five  inclusive  shall  be  con- 
strued to  diminish  or  otherwise  to  modify  the  common 
law  rights  of  riparian  owners  in  the  quality  of  waters 
of  streams  covered  by  such  rights,  nor  in  the  case  of 
actions  brought  against  the  pollution  of  waters  to  limit 
their  remedy  to  indemnities. 

§  87.  Actions  by  municipalities  to  prevent  discharge 
of  sewage  into  waters.  Any  incorporated  city  or  village 
in  the  state  of  New  York,  which  has  made  such  provi- 
sion for  the  disposal  of  its  sewage  as  not  to  pollute  or 
contaminate  therewith  any  river,  stream,  lake  or  other 
body  of  water,  may  have  and  maintain  an  action  in  the 
supreme  court  to  prevent  the  discharge  of  any  sewage 
or  substance  deleterious  to  health,  or  which  shall  injure 
the  potable  qualities  of  the  water  in  any  river,  stream, 
lake  or  other  body  of  water,  from  which  such  incorpo- 
rated city  or  village  shall  take  or  receive  its  water  sup- 
ply, provided,  that  such  river,  stream,  lake  or  other 
body  of  water  is  wholly,  or  in  part,  within  the  bounda- 
ries of  the  county  in  which  such  plaintiff  is  located. 
Whenever  such  action  shall  be  brought  under  the  pro- 
visions of  this  section,  it  shall  be  the  duty  of  the  su- 
preme court  upon  proof  of  the  existence  of  facts  justi- 
fying the  bringing  and  maintenance  of  such  action 
under  the  provisions  of  this  section  to  render  a  judg- 
ment in  which  shall  be  incorporated  a  mandatory  in- 
junction requiring  the  person,  body,  board,  corporation 
municipality,  village,  county  or  town,  being  a  defendant 
to  said  action  which  directly  or  indirectly,  or  by  its 
servants,  agents  or  officers  shall  discharge  or  dispose 
of  its  sewage,  or  any  other  substance  deleterious  to 
health  or  which  shall  injure  the  potable  qualities  of 
the  water  in  such  wise  as  that  the  same  shall  enter  into 
any  river,  stream,  lake  or  other  body  of  water,  from 
which  such  plaintiff  shall  take  or  receive  its  water  sup 
ply,  within  such  reasonable  time  as  may  be  prescribed 


Quarantine  at  the  Port  of  New  York         7o 

by  the  court,  to  take  such  action  as  shall  prevent  such 
discharge  or  the  disposal  of  such  sewage  or  other  sub- 
stance into  such  waters,  or  the  pollution  thereof,  with 
such  further  directions  in  the  premises  as  may  be 
proper  and  desirable  to  effect  such  purpose,  provided 
that  such  river,  stream,  lake  or  other  body  of  water  i9 
wholly,  or  in  part,  within  the  boundaries  of  the  county 
in  which  such  plaintiff  is  located.  But  no  such  action 
shall  be  brought  as  provided  for  in  this  section  until  the 
state  department  of  health  has  examined  and  deter- 
mined whether  the  sewage  does  pollute  or  contaminate 
the  river,  stream,  lake  or  other  body  of  water  into 
which  said  sewage  is  discharged.  The  expense  of  such 
examination  by  said  department  shall  be  a  charge  upon 
and  paid  by  the  municipality  in  whose  interest,  and  on 
whose  behalf  such  examination  is  made.  In  case  the 
state  department  of  health  shall  find  upon  examination 
that  the  discharge  of  said  sewage  does  pollute  or  con- 
taminate said  waters  or  any  of  them  in  such  manner  as 
to  be  of  menace  or  danger  to  the  health  of  those  using 
said  waters,  the  plans  for  the  removal  or  disposal  of 
the  sewage  ordered  to  be  prepared  by  the  court  as  pro- 
vided in  this  section  shall  be  submitted  to  the  state 
department  of  health  for  its  approval. 

ARTICLE   VI 

Quarantine  at  the  Port  of  New  York 

Section  100.  Quarantine  commissioners  abolished;  powers 
conferred  on  health  officer. 

101.  Other  officers  and  employees. 

102.  Meetings;   report. 

103.  Custody  of  quarantine  establishment. 

104.  Quarantine  establishment. 

105.  Docks  and  wharves. 

106.  Anchorage. 

107.  Boarding:  station. 


76  The  Public  Health  Law 

Section  108.  The  Swinburne  island  hospital. 
100.  Crematory. 

110.  Remains  of  persons  cremated. 

111.  Burying  ground. 

§  100.  Quarantine  commissioners  abolished;  powers 
conferred  on  health  officer.  On  and  after  June  first, 
nineteen  hundred  and  nine,  the  office  of  commissioner 
of  quarantine  at  the  port  of  New  York  and  the  board 
of  commissioners  of  quarantine  at  the  port  of  New 
York  shall  be  abolished;  and  all  the  powers  and  duties 
heretofore  possessed  by  or  imposed  upon  the  commis- 
sioners of  quarantine  at  the  port  of  New  York,  upon 
a  commissioner  of  quarantine  at  the  port  of  New  York 
and  upon  the  board  of  commissioners  of  quarantine  at 
the  port  of  New  York  shall  on  and  after  such  date  be 
conferred  and  imposed  upon  the  health  officer  for  the 
port  of  New  York. 

§  101.  Other  officers  and  employees.     {Repealed.) 

§    102.    Meetings;    report.      (Repealed.) 

§  103.  Custody  of  quarantine  establishment.  The 
health  officer  shall  be  the  custodian  of  the  quarantine 
establishment  to  be  held  by  him  in  trust  for  the  people 
of  the  state,  in  accordance  with  the  provisions  of  this 
chapter.  He  may  make  such  rules  and  regulations  not 
inconsistent  with  law  as  they  *  shall  deem  necessary  for 
the  care  and  protection  of  each  portion  of  the  quaran- 
tine establishment;  for  the  government  of  the  em- 
ployees therein;  for  the  regulation  of  the  conduct  of  all 
quarantinable  persons  and  shall  pay  all  salaries  of  per- 
sons appointed  by  him  at  Hoffman  and  Swinburne 
islands  from  money  appropriated  by  the  state.  He  shall 
collect  from  the  owners,  agents  or  consignees,  of  vessels 
all  bills  for  the  care  and  maintenance  of  persons  detained 
in   quarantine,    and   shall   have    power   to   enforce   such 

*  So    in    original. 


Quarantine  at  the  Port  of  New  York         77 

payment  by  process  of  law  against  the  vessel  upon  which 
such  detained  persons  have  arrived,  or  against  the 
agents,  or  owners,  or  consignees  of  such  vessels,  and, 
in  case  of  an  emergency  arising,  shall  use  all  means 
conducive  to  the  protection  of  the  public  health,  and 
if  the  balance  in  the  contingent  fund  is  insufficient 
therefor,  may,  with  the  approval  of  the  governor  and 
notwithstanding  the  provisions  of  section  thirty-seven 
of  the  state  finance  law,  expend  such  portion  of  the 
fees  collected  by  him  as  may  be  needed.  If  such  expendi- 
ture is  made  the  health  officer  shall  render  to  the  state 
comptroller  on  or  before  the  fifth  day  of  the  succeeding 
month  a  sworn  itemized  statement  of  all  such  expendi- 
tures made  during  the  preceding  calendar  month. 
(Am?d  by  L.  1909,  ch.  375  and  L.  1910,  ch.  425,  in 
effect  Oct   1,   1910.) 

§  104.  Quarantine  establishment.  Quarantine  for  the 
protection  of  public  health  shall  be  maintained  in  and 
for  the  port  of  New  York,  for  all  vessels  arriving 
thereat  from  other  ports,  and  for  the  crews,  passengers, 
equipage,  cargoes  and  other  property  on  board  the  same. 
The  quarantine  establishment  at  such  port  shall  con- 
sist of: 

1.  Docks  and  wharves. 

2.  Anchorage  for  vessels. 

3.  Stationary  hospital. 

4.  Boarding  station. 

5.  Crematory. 

6.  Residence  for  officers  and  men. 

7.  Such  other  places  and  structures  as  have  been  or 
may  be  authorized  by  law  for  quarantine  purposes. 

§  105.  Docks  and  wharves.  The  existing  docks  and 
wharves  with  their  appurtenances  shall  be  maintained, 
and  if  any  such  additional  structures  are  required,  they 
shall  be  constructed  at  such  expense  and  in  such  place 


78  The  Public  Health  Law 

in  the  lower  bay  of  New  York,  as  the  health  officer  may 
determine,  with  the  approval  of  the  commissioners  of 
the  land  office. 

§  106.  Anchorage.  The  anchorage  for  vessels  under 
quarantine  shall  be  within  the  waters  of  New  York 
harbor  at  such  place  as  may  be  designated  by  the  health 
officer. 

§  107.  Boarding  station.  The  boarding  station  for 
vessels  from  any  place  where  disease  subject  to  quaran- 
tine existed  at  the  time  of  their  departure,  or  which 
shall  have  stopped  at  any  such  place  during  their 
voyage,  or  on  board  of  which  during  the  voyage  any 
case  of  such  disease  shall  have  occurred,  arriving  be- 
tween the  first  day  of  April  and  the  first  day  of 
November,  shall  be  at  such  place  as  the  health  officer 
may  designate.  And  all  such  vessels  immediately  on 
their  arrival  shall  anchor  where  directed  and  there  re- 
main with  all  persons  arriving  thereon  until  discharged 
by  the  health  officer. 

§  108.  The  Swinburne  island  hospital.  The  Swin- 
burne island  hospital  in  the  lower  bay  of  New  York, 
with  its  docks,  wharves  and  appurtenances,  shall  be 
kept  in  the  best  possible  condition  by  the  health  officer 
and  be  in  constant  readiness  for  use  as  a  hospital  for 
the  reception  of  persons  sick  with  infectious  diseases, 
arriving  in  quarantinable  vessels,  and  shall  be  provided 
with  all  necessary  furniture,  fixtures  and  other  facilities 
for  the  care  of  the  sick,  and  for  the  prompt  and  efficient 
discharge  of  the  duties  of  the  health  officer.  The  ex- 
pense of  the  care  and  the  support  of  every  person 
received  into  such  hospital  shall  be  fixed  and  determined 
by  the  health  officer,  and  shall  be  paid  to  him  by  the 
master,  owner  or  consignee  of  the  vessel  in  which  such 
person  shall  have  arrived,  and  the  payment  thereof 
may  be  enforced  by  the  same  remedies  as  the  payment 
cf  other  quarantine  charges.    The  structures  on  Hoffman 


Quarantine  at  the  Port  of  New  York         79 

island  now  used  for  that  purpose  snail  continue  to  be 
used  for  the  reception  and  temporary  detention  of 
persons  under  quarantine  who  have  been  exposed  to 
infectious  diseases  and  who  may  be  sent  there  by  the 
health  officer  pursuant  to  law.  And  the  health  officer 
shall  use  every  effort  to  maintain  this  island  and  the 
buildings  thereon  in  the  best  possible  condition  for  the 
safe  and  comfortable  occupancy  of  detained  persons, 
and  shall  provide  appliances  for  the  cleansing  and  the 
disinfection  of  persons,  baggage,  and  other  goods. 

§  109.  Crematory.  The  health  officer  shall  maintain 
upon  Swinburne  island,  in  the  harbor  of  New  York,  a 
crematory  of  such  form  and  construction  as  he  may  deem 
advisable.  He  shall  cause  to  be  incinerated  therein  the 
bodies  of  persons  dying  at  the  quarantine  hospital  from 
infectious  diseases,  except  of  persons  whose  religious 
views  as  communicated  by  them  while  living,  or  by  their 
friends  within  twenty-four  hours  after  their  decease,  are 
opposed  to  cremation. 

§  110.  Remains  of  persons  cremated.  The  remains  of 
persons  cremated  upon  Swinburne  island  shall  be  placed 
in  receptacles  provided  by  the  health  officer  for  this 
purpose,  and  the  same  shall  be  properly  labeled  for 
identification  and  the  health  officer  shall  deliver  such 
receptacles  to  the  proper  claimants,  when  such  appear, 
and  when  no  such  claimant  is  known,  shall  place  the 
receptacle  in  a  proper  place  to  be  provided  for  this 
purpose. 

§  111.  Burying  ground.  The  health  officer  may  make 
use  of  such  parts  of  Swinburne  island  in  the  harbor  of 
New  York,  as  they*  may  find  necessary  for  the  inter- 
ment of  the  bodies  of  persons  dying  at  the  quarantine 
hospital  from  infectious  diseases,  which  are  not  au- 
thorized to  be  cremated  or  which  may  not  be  designated 
for  cremation. 

*  So  in  original. 


80  The  Public  Health  Law 


Creation    of     Commission    to     Negotiate     Transfer    of 
Quarantine   Station   to   United   States. 

Section  1.  A  commission  i3  hereby  created  consisting 
of  the  governor,  lieutenant-governor,  attorney-general, 
comptroller  and  state  engineer  and  surveyor,  to  nego- 
tiate with  the  proper  authorities  of  the  United  States 
for  the  transfer  of  title  or  the  surrender  of  the  posses- 
sion and  use  to  the  United  States,  upon  the  payment 
of  such  compensation  as  may  be  agreed  upon,  of  the 
quarantine  establishment  of  this  state,  consisting  of 
docks  and  wharves,  anchorage  for  vessels,  stationary 
hospital,  boarding  station,  crematory,  residence  for 
officers  and  men,  and  such  other  places  and  structures 
as  have  been  authorized  by  law  for  quarantine  pur- 
poses. If  such  agreement  be  made,  such  commission 
shall  have  power  to  execute  and  deliver  to  the  proper 
authorities  of  the  United  States,  in  behalf  of  this  state, 
all  deeds  and  other  instruments  necessary  to  effectuate 
such  transfer  or  surrender. 

§  2.  Upon  the  completion  of  such  transfer  or  surren- 
der, such  commission  shall  file  a  certificate  thereof,  in 
duplicate,  in  the  offices  of  the  secretary  of  state  and 
state  comptroller,  and  thereupon  the  office  of  health 
officer  for  the  port  of  Xew  York  shall  be  abolished, 
and  the  terms  of  office  of  the  health  officer  for  the  port 
of  Xew  York  then  in  office  and  of  all  his  subordinate 
officers  and  employees  shall  terminate. 

§  3.  Upon  the  transfer  of  title  or  the  surrender  of 
the  possession  and  use  of  the  quarantine  establishment 
to  the  United  States  pursuant  to  this  act,  jurisdiction 
of  the  land  and  water  included  in  such  establishment 
shall  be  ceded  to  the  United  States  by  this  state,  on 
condition  that  the  jurisdiction  so  ceded  shall  not  pre- 
vent the  execution  thereon  of  any  process,  civil  or  crim- 
inal, issued  under  the  authority  of  the  state,  except  as 


Health  Officer  of  the  Port  of  New  York       81 

such  process  might  effect  the  property  of  the  United 
States  therein,  and  that  such  jurisdiction  shall  con- 
tinue in  the  United  States  so  long  only  as  such  land 
and  water  shall  remain  the  property  or  in  the  posses- 
sion of  the  United  States.  (Added  by  L.  1916,  ch.  342, 
in  effect  April  27,  1916.) 

ARTICLE   VII 

Health  Officer  of  the  Port  of  New  York 
Section  120.  Appointment;  salary. 

121.  Residence  and  general  powers. 

122.  Appointment  of  assistants,  nurses,  boatmen 

and    others   employed. 

123.  Examinations;   warrants  for  offenders. 

124.  Boarding  vessels. 

125.  Bills  of  health. 

126.  Effects  of  deceased  persons. 

127.  Department  of  health   of  the  city  of  New 

York. 

128.  Power  over  master,  owner  or  consignee  of 

vessel. 

129.  Quarantinable  diseases. 

130.  Quarantinable  vessels  and  period  of  quar- 

antine. 

131.  Detention  for  examination  of  vessels. 

132.  Sanitary  measures;   admission  to  pratique. 

133.  The  yellow  flag. 

134.  Vaccination. 

135.  Duty  of  pilots. 

136.  Removal    of    vessels,    persons    and    things 

from  the  city  of  New  York. 

137.  Payment  of  expenses  of  quarantine. 

138.  Lien  for  services  and  expenses. 

139.  When   master   of   vessel   must   provide    for 

passenger. 

140.  Policemen. 


82  The  Public  Health  Law 

Section  141.  Confinement  of  offenders. 

142.  Jurisdiction  over  offenses  and  in  actions. 

143.  Special  port  warden. 

144.  Fees    and    compensation    of    health   officer; 

payment  of  salaries  and  expenses. 

145.  Annual  report. 

§  120.  Appointment;  salary.  There  shall  continue  to 
be  a  health  officer  for  the  port  of  New  York  appointed 
by  the  governor,  by  and  with  the  advice  and  consent 
of  the  senate,  whose  term  of  office  shall  be  four  years, 
and  who  shall  be  a  doctor  of  medicine  of  good  standing 
of  at  least  ten  years'  experience  in  the  practice  of  his 
profession  and  practically  familiar  with  quarantinable 
diseases.  He  shall  be  paid  by  the  state  an  annual  salary 
of  twelve  thousand  five  hundred  dollars.  (Am'd  by  L. 
1910,  ch.  425,  in  effect  Oct.  1,  1910.) 

§  121.  Residence  and  general  powers.  The  health 
officer  for  the  port  of  New  York  shall  reside  at  quaran- 
tine. He  shall  have  the  general  supervision  and  control 
of  the  quarantine  establishment,  and  the  care  and  treat- 
ment of  the  sick  thereat,  and  shall  carry  into  effect  the 
provisions  of  this  and  the  preceding  article.  He  shall, 
in  the  presence  of  immediate  danger,  of  which  he  shall 
be  the  judge,  take  the  responsibility  of  applying  such 
additional  measures  as  may  be  deemed  indispensable 
for  the  protection  of  the  public  health.  He  may  cause 
to  be  sold  at  public  auction  any  personal  property  con- 
nected with  the  quarantine  establishment  or  otherwise 
subject  to  his  jurisdiction,  which  he  deems  useless.  The 
proceeds  of  such  sale  after  deducting  the  necessary 
expense  thereof  shall  be  paid  by  him  into  the  state 
treasury.  (Am'd  by  L.  1909,  ch.  375  and  L.  1912,  ch. 
109,  in  effect  April  3,  1912.) 

§  122.  Appointment  of  assistants,  nurses,  boatmen  and 
others  employed.  The  health  officer  may  appoint  and 
dismiss   at   pleasure  deputy  health   officers,   a   resident 


Health  Officer  of  the  Port  of  New  York      83 

physician  and  an  engineer  of  the  Swinburne  island  hos- 
pital, and  a  superintendent  and  engineer  of  Hoffman 
island,  who  may  perform,  subject  to  his  direction,  any 
duty  required  of  the  health  officer,  and  for  whose  con- 
duct he  shall  be  responsible.  He  may  appoint  and  dis- 
miss at  pleasure  as  many  nurses,  boatmen  and  other 
employees  as  may  be  necessary  for  the  proper  perform- 
ance of  the  duties  of  his  office.  The  compensation  of 
all  persons  employed  under  this  section  shall  be  fixed 
by  the  health  officer  within  the  amounts  appropriated 
therefor.  (Am'd  by  L.  1909,  ch.  375  and  L.  1910,  ch. 
425,  in  effect  Oct.   1,  1910.) 

§  123.  Examinations;  warrants  for  offenders.  The 
health  officer  may  administer  oaths  in  all  examinations 
to  be  conducted  by  him,  or  under  his  direction,  pre- 
scribed by  this  article,  and  relative  to  any  alleged  viola- 
tion of  quarantine  law  or  regulations.  He  may  issue 
a  warrant  to  any  constable  or  other  citizen  for  the 
pursuit  and  arrest  of  any  person  violating  any  quaran- 
tine law  or  regulation,  or  obstructing  the  health  officer 
in  the  performance  of  his  duty,  and  for  the  delivery  of 
any  person  arrested  to  the  health  officer,  to  be  detained 
in  quarantine  until  discharged  by  him,  not  exceeding 
twenty  days.  Every  constable  or  other  citizen  to  whom 
any  such  warrant  shall  be  delivered  shall  obey  the 
direction  thereof. 

§  124.  Boarding  vessels.  The  health  officer  shall  board 
every  quarantinable  vessel  as  soon  after  her  arrival  as 
practicable,  between  sunrise  and  sunset;  shall  ascertain 
by  the  inspection  of  the  bill  of  health,  manifest,  log 
book  or  otherwise,  as  to  the  health  of  all  persons  on 
board,  and  the  condition  of  the  vessel  and  cargo;  shall 
examine  on  oath  as  many  persons  on  board  or  elsewhere 
as  he  may  deem  expedient  to  enable  him  to  determine 
the  period  of  quarantine  and  the  regulations  to  which 
the  vessel  and  cargo  shall  be  made  subject.     It  shall  be 


84  The  Public  Health  Law 

the  duty  of  the  health  officers  at  the  several  ports  of 
entry  within  the  state  of  New  York  to  require  the 
masters  of  all  merchant  ships  and  vessels  arriving  at 
said  ports  from  any  foreign  port,  to  present  a  bill  of 
health,  duly  executed  by  the  consul,  vice-consul,  or  other 
consular  officer  of  the  United  States,  or  by  the  medical 
officer  attached  to  the  United  States  consulate  by 
appointment  of  the  United  States  government,  or  the 
representative  of  the  United  States  government  resident 
at  said  port  of  departure,  which  shall  set  forth  the 
sanitary  condition  and  history  of  said  vessel;  also  the 
sanitary  condition  of  the  cargo  and  of  the  crew  and 
passengers;  also  the  sanitary  condition  of  the  food, 
water  and  ventilation  of  said  vessel;  the  number  of 
cases  at  such  port  of  yellow  fever,  plague,  cholera, 
small-pox,  typhus  fever,  relapsing  fever,  scarlatina, 
measles,  diphtheria  and  other  infectious  diseases,  the 
total  number  of  deaths  from  each  of  these  diseases,  and 
from  all  causes  the  week  preceding  the  date  of  said  bill 
of  health,  as  far  as  can  be  ascertained  by  the  said 
consul,  vice-consul  or  other  consular  officer  of  the  United 
States,  or  the  medical  officer  attached  to  such  consulate. 
Said  bill  of  health  shall  contain,  in  addition  to  the 
above,  a  statement  of  any  circumstances  affecting  the 
public  health  in  relation  to  infectious  diseases  at  the 
port  of  departure,  or  the  community  adjacent  thereto. 
Vessels  that  touch  at  other  ports  on  the  passage  shall 
bring  a  bill  of  health  from  each  and  every  port,  or  shall 
have  indorsed  upon  the  original  bill  of  health  by  the 
consul,  vice-consul,  consular  officer  or  medical  officer 
of  the  consulate,  the  facts  and  conditions  of  those  ports 
as  to  the  existence  and  prevalence  of  the  infectious 
diseases  mentioned  in  this  section.  All  persons  coming 
from  or  through  any  foreign  port  or  place  who  may 
arrive  at  the  port  of  New  York,  shall  be  liable  to  an 
examination   by   the   health   officer   or   his   deputies,   as 


Health  Officer  of  the  Port  of  New  York      85 

regards  their  protection  from  small-pox.  In  case  any 
person  so  arriving  shall  refuse  to  submit  to  such  exam- 
ination, or  upon  such  examination  shall  be  found  not 
sufficiently  protected  from  small-pox,  or  refuses  to  be 
protected  by  vaccination,  such  person,  and  in  cage  such 
person  be  a  minor,  then  also  the  person  having  him  or 
her  under  charge,  shall  be  detained  in  quarantine  until 
he  or  she  shall  have  passed  the  incubative  period  from 
date  of  last  possible  exposure;  and  the  expense  of  such 
detention  shall  be  chargeable  by  the  health  officer  upon 
the  consignees  or  owners  of  the  vessel  having  such 
person  on  board,  and  such  expenses  as  may  be  incurred 
shall  be  a  lien  upon  such  vessel.  The  master  of  a  vessel 
who  shall  refuse  or  neglect  to  comply  with  the  provisions 
of  this  section  shall  be  guilty  of  a  misdemeanor,  and 
be  punished  by  a  fine  of  not  less  than  one  hundred 
dollars  nor  more  than  five  hundred  dollars. 

§  125.  Bills  of  health.  The  health  officer  shall  require 
the  masters  of  all  merchant  ships  and  vessels  at  such 
port  from  any  foreign  port  to  present  a  bill  of  health, 
duly  executed  by  the  consul,  vice-consul  or  other  con- 
sular officer  of  the  United  States,  or  by  the  medical 
officer  attached  to  the  United  States  consulate,  by  ap- 
pointment of  the  United  States  government,  or  the 
representative  of  the  United  States  government,  resident 
at  such  port  of  departure,  setting  forth  the  sanitary 
condition  of  the  vessel,  its  cargo,  crew,  passengers,  food, 
waters  and  ventilation  and  the  sanitary  history  of  the 
vessel,  the  number  of  cases  at  such  port  of  yellow  fever, 
plague,  cholera,  small-pox,  typhus  fever,  relapsing  fever, 
scarlatina,  measles,  diphtheria  and  other  infectious 
diseases,  the  total  number  of  deaths  from  each  of  these 
diseases,  and  from  all  causes  tlie  week  preceding  the 
date  of  the  bill  of  health,  as  far  as  can  be  ascertained 
by  the  officer  executing  such  bill  of  health,  and  a  state- 
ment of  any  circumstances  affecting  the  public  health 


86  The  Public  Health  Law 

in  relation  to  infectious  diseases  at  such  port  of  de- 
parture or  the  community  adjacent  thereto.  Vessels 
touching  other  ports  on  the  passage  shall  also  bring  a 
bill  of  health  from  each  port,  or  shall  have  indorsed  on 
the  original  bill  of  health  by  one  of  such  United  States 
officers  thereat,  the  facts  and  conditions  of  the  ports 
touched,  as  to  the  existence  or  prevalence  there  of  any 
such  infectious  disease. 

§  126.  Effects  of  deceased  persons.  The  health  officer 
shall  secure  the  effects  of  deceased  persons  in  quaran- 
tine from  waste  and  embezzlement,  make  a  true  inven- 
tory thereof,  and  if  the  rightful  claimants  thereto  do  not 
appear  within  three  months,  deliver  the  same  to  the 
public  administrator  of  the  city  of  New  York,  unless 
they  ought  not  to  be  removed  or  ought  to  be  destroyed 
under  the  provisions  of  this  article. 

§  127.  Department  of  health  of  the  city  of  New  York. 
The  health  officer  shall  keep  the  department  of  health 
of  the  city  of  New  York  informed  of  the  number  of  cases 
of  quarantinable  diseases  and  the  character  of  the  same 
held  at  quarantine  and  he  may  receive  any  vessel  or 
merchandise  sent  to  him  by  the  health  authorities  of 
New  York  which  in  his  opinion  is  dangerous  to  the 
public  health. 

§  128.  Power  over  master,  owner  or  consignee  of 
vessel.  If  the  master,  owner  or  consignee  of  any  quar- 
antinable vessel  shall  neglect  or  refuse  to  do  any  act 
or  thing  lawfully  directed  to  be  done  by  the  health 
officer,  or  to  comply  with  any  lawful  order  or  direction 
of  the  health  officer,  or  with  any  regulation  relative  to 
such  vessel  or  any  person  or  thing  on  board  thereof, 
the  health  officer  may  employ  such  assistance  as  may 
be  necessary  to  enforce  any  such  order,  direction  or 
regulation. 

§  129.  Quarantinable  diseases.  The  quarantinable 
diseases   are   yellow   fever,   plague,   cholera,   typhus   or 


Health  Officer  of  the  Port  of  New  York      87 

ship  fever  and  small-pox,  and  any  other  infectious 
disease  which  has  been  or  may  be  determined  to  be 
quarantinable  by  the  health  officer.  Persons  with  in- 
sufficient evidence  of  vaccination  and  known  to  have 
been  recently  exposed  to  small-pox,  shall  be  vaccinated 
as  soon  as  practicable  and  detained  until  the  vaccination 
bhall  have  taken  effect,  under  regulations  prescribed 
by  the  health  officer. 

§  130.  Quarantinable  vessels  and  period  of  quarantine. 
Every  vessel  arriving  at  the  port  of  New  York  from 
any  place  where  a  quarantinable  disease  existed  at  the 
time  of  departure,  or  which  shall  have  arrived  at  any 
such  place  and  proceeded  therefrom  to  New  York,  or 
on  board  of  which  during  the  voyage  any  case  of  any 
such  disease  shall  have  occurred,  shall  remain  at  quar- 
antine until  the  health  officer  grant  a  permit  for  the 
discharge  of  such  vessel  or  cargo  or  both.  Every  vessel 
arriving  at  the  port  of  New  York  from  any  foreign 
port  and  every  vessel  from  a  domestic  port  shall,  on 
their  arrival  at  the  quarantine  ground,  be  subject  to 
visitation  by  the  health  officer.  No  quarantinable  vessel 
shall  depart  from  quarantine  without  the  written  per- 
mission of  the  health  officer  which  shall  be  delivered  by 
the  master  of  the  vessel  to  the  department  of  health 
of  the  city  of  New  York,  according  to  the  destination  of 
the  vessel  within  twenty-four  hours  after  the  permit 
is  received  by  him. 

§  131.  Detention  for  examination  of  vessels.  If  a 
vessel  which  has  not  had,  during  the  voyage,  a  case  of 
quarantinable  disease,  is  found  in  a  condition  which 
the  health  officer  deems  dangerous  to  the  public  health, 
it  shall  be  held  and  treated  as  the  health  officer  may 
deem  necessary. 

§  132.  Sanitary  measures;  admission  to  pratique. 
The  health  officer  may  require  before  admission  to 
pratique  of  any  vessel,  baths  and  other  bodily  care  of 


SS  The  Public  Health  Law 

the  persons  on  beard  in  addition  to  the  treatment  of 
the  vessel  and  cargo.  Admission  to  pratique  shall  be 
preceded  by  as  many  visits  to  the  vessel  by  the  health 
officer  as  he  may  deem  necessary. 

§  133.  The  yellow  flag.  The  health  officer  shall  cause 
all  vessels,  warehouses  and  merchandise  in  quarantine 
to  be  designated  by  a  yellow  flag,  and  shall  prohibit 
communication  with  or  passage  within  range  of  the 
same,  except  under  such  restrictions  as  he  may  designate 
compatible  with  the  public  safety. 

§  134.  Vaccination.  All  persons  coming  from  01 
through  any  foreign  port  or  place,  who  may  arrive  at 
the  port  of  Xew  York,  shall  be  liable  to  an  examination 
by  the  health  officer  or  his  deputies,  as  regards  their 
protection  from  smail-pox. 

If  any  such  person  shall  refuse  to  submit  to  such 
examination  or  on  such  examination  shall  be  found  not 
sufficiently  protected  from  small-pox,  or  shall  refuse  to 
be  protected  by  vaccination,  such  person  together  with 
the  person  having  him  in  charge  if  he  be  a  minor,  shall 
be  detained  in  quarantine  until  he  shall  have  passed 
the  incubative  period  from  the  date  of  the  last  possible 
exposure;  and  the  expense  of  such  detention  shall  be 
charged  by  the  health  officer  to  the  consignees  or  owners 
of  the  vessel  having  such  person  on  board,  and  such 
expenses  so  incurred  shall  be  a  lien  upon  such  vessel. 

§  135.  Duty  of  pilots.  Every  pilot  belonging  to  the 
port  of  Xew  York  shall  use  his  utmost  endeavor^  t- 
supply  the  health  officer  with  such  information  as  maj 
aid  him  in  protecting  the  public  health. 

§  136.  Removal  of  vessels,  persons  and  things  from 
the  city  of  New  York.  The  health  officer  may,  whenever 
in  his  judgment  the  public  health  requires  it,  order  any 
vessel  at  the  wharves  of  the  city  of  Xew  York  to  the 
quarantine  grounds  and  may  require  all  persons,  articles 
or  things  introduced  into  the  city  from  such  vessel  to 


Health  Officer  of  the  Port  of  New  York      89 

be  seized,  and  returned  on  board  thereof.  If  the  master, 
owner  or  consignee  of  such  vessel  can  not  be  found,  or 
shall  neglect  or  refuse  to  obey  any  such  order  of  re- 
moval, the  health  officer  may  employ  such  assistance  as 
may  be  necessary  to  effect  such  removal  at  the  expense 
of  such  master,  owner  or  consignee.  He  shall  have  the 
aid  of  the  health  and  police  departments  of  the  city  of 
New  York  in  securing  the  return  of  the  persons  and 
things  above  referred  to.  Such  vessel  or  person  shall 
not  return  to  the  city  without  the  written  permission 
of  the  health  officer.  Any  person  employed  to  remove 
any  such  vessel,  articles  or  things  pursuant  to  this  sec- 
tion, shall  have  a  lien  on  such  vessel,  its  tackle,  apparel 
and  furniture  for  his  services  and  expenses  in  effecting 
such  removal,  which  may  be  enforced  in  the  manner 
prescribed  in  the  lien  law  for  the  enforcement  of  a  lien 
upon  vessels. 

§  137.  Payment  of  expenses  of  quarantine.  The 
expenses  incurred  and  services  rendered  by  the  health 
officer  or  any  of  his  subordinates  or  employees  in  the 
discharge  of  any  duty  imposed  by  law  in  relation  to 
vessels,  merchandise,  baggage,  dunnage,  persons  or 
burials  of  persons  under  quarantine  shall  be  paid  to 
the  health  officer  by  the  master  of  the  vessels  for  which 
the  expenses  shall  have  been  incurred,  or  the  services 
rendered,  or  in  which  such  merchandise,  baggage,  dun- 
nage and  persons  shall  have  arrived.  Persons  conveyed 
to  and  from  the  quarantine  establishment  in  the  quaran- 
tine steamboat  shall  pay  the  health  officer  for  such 
transportation,  unless  conveyed  for  the  master  of  a 
vessel,  in  which  case  the  master  shall  pay  for  the 
same. 

§  13S.  Lien  for  services  and  expenses.  All  such  ex- 
penses, services  and  charges  shall  be  a  lien  on  the 
vessels,  merchandise  or  other  property  in  relation  to 
which  they  shall  have  been  made,  incurred  or  rendered, 


90  The  Public  Health  Law 

and  if  such  master,  owner,  consignee  or  the  charterer 
or  agent  of  vessels  where  the  owner  does  not  reside 
within  the  United  States,  shall  omit  to  pay  the  same 
within  three  days  after  the  presentation  of  such  account, 
the  health  officer  may  proceed  to  enforce  such  lien  in 
the  manner  provided  in  the  lien  law  for  the  enforcement 
of  liens  upon  vessels;  or  he  may  have  or  maintain  an 
action  against  such  master,  owner,  consignee  or  the 
charterer  or  agent  of  such  vessels  where  the  owner  does 
not  reside  within  the  United  States  to  recover  the 
amount  of  such  expenses,  services  and  charges,  and  such 
master,  owner,  consignee,  charterer  or  agent  shall  be 
deemed  indebted  to  him  in  such  amount  and  may  recover 
from  any  passenger  liable  to  pay  the  same  *ainount  of 
any  expense  incurred  on  account  of  such  passenger. 
The  health  officer  shall  have  the  same  remedies  to 
enforce  any  other  lien  or  to  recover  for  any  expenses, 
services  or  charges  which  are  by  law  made  payable  to 
him  if  they  remain  unpaid  for  three  days  after  payment 
shall  have  been  demanded  by  him.  The  vessel,  cargo 
or  other  property  upon  which  any  lien  exists  by  virtue 
of  any  provision  in  this  article,  shall  be  held  in  quaran- 
tine until  the  amount  due  for  the  expenses,  services  or 
charges  constituting  such  lien  is  paid,  unless  such 
master,  owner,  consignee,  charterer  or  agent  shall  ex- 
ecute to  the  health  officer  a  bond  with  sufficient  sureties 
to  be  approved  by  him,  conditioned  for  the  payment 
thereof  within  ten  days  thereafter.  (Am'd  L.  1909, 
ch.  375  and  L.  1913,  ch.  162,  in  effect  April  2,  1913.) 
§  139.  When  master  of  vessel  must  provide  for  passen- 
ger. All  passengers  on  board  any  vessel  under  quaran- 
tine shall  be  provided  for  by  the  master  of  the  vessel 
on  which  they  arrive.  If  the  master  neglects  or  refuses 
to  provide  for  them,  or  if  they  have  been  transferred 
to  some  other  point  within  the  jurisdiction  of  the  health 
officer,    they    shall    be    maintained    by    the    quarantine 

*  So  in  original. 


Health  Officer  of  the  Port  of  New  Yokk      91 

commissioners  at  the  expense  of  the  vessel,  her  owners 
or  consignees,  and  the  health  officer  may  in  his  dis- 
cretion refuse  to  permit  the  vessel  to  leave  quarantine 
until  such  expenses  have  been  paid  or  secured.  The 
health  officer  may  maintain  an  action  against  such 
owners  or  consignees  to  recover  for  such  expenses,  which 
shall  be  a  lien  upon  the  vessel,  to  be  enforced  as  other 
liens  thereon  by  him. 

§  140.  Policemen.  «  The  health  officer  may  appoint 
policemen,  whose  services  shall  be  paid  for  by  him,  and 
may  dismiss  them  at  pleasure  and  appoint  others  in 
their  places.  Such  policemen  shall  perform  patrol  or 
police  duty  under  the  direction  of  the  health  officer,  in 
connection  with  the  quarantine  establishment,  and  upon 
the  waters  of  the  bay  of  New  York.  They  shall  have  all 
the  powers  possessed  by  policemen  in  the  city  of  New 
York  and  any  person  arrested  by  any  such  policeman 
for  violating  any  law  or  regulation  relating  to  quaran- 
tine in  such  port,  may  be  taken  by  him  before  any  court 
of  criminal  jurisdiction  or  any  magistrate  or  police 
justice  in  said  city,  and  thereupon  such  court,  magis- 
trate or  police  justice  shall  have  jurisdiction  to  hear, 
try  and  punish  the  person  arrested  for  the  offense  com- 
mitted by  him  in  the  same  manner  and  with  the  same 
effect,  as  if  the  offense  had  been  committed  within  the 
territory  over  which  such  court,  magistrate  or  police 
justice  has  jurisdiction  to  hear,  try  and  punish  for 
offenses  committed  within  such  territory. 

§  141.  Confinement  of  offenders.  The  health  officer 
upon  the  application  of  the  master  of  any  vessel  tinder 
quarantine  may  confine  in  any  suitable  place  on  shore, 
any  person  on  board  of  the  vessel  charged  with  the 
commission  of  any  offense  punishable  by  the  laws  of  this 
state  or  of  the  United  States,  and  who  can  not  be 
secured  on  board  of  such  vessel.  Such  confinement  may 
continue  during  the  quarantine  of  such  person,  or  until 


02  The  Public  Health  Law 

he  shall  be  proceeded  against  in  due  course  of  law.  The 
expenses  of  such  confinement  shall  be  charged  and  col- 
lected in  the  same  manner  as  the  expenses  of  providing 
tor  passengers,  which  the  master  of  the  vessel  is  required 
to  pay. 

§  142.  Jurisdiction  over  offenses  and  in  actions. 
Exclusive  jurisdiction  of  the  offenses  specified  in  this 
article  is  hereby  given  to  the  court  of  general  sessions 
of  the  county  of  New  York  and»the  court  of  special 
sessions  of  the  city  of  Xew  York,  but  the  punishment  in 
Die  last-named  court  for  offenses  shall  not  exceed  ten 
days'  imprisonment,  or  a  fine  of  one  hundred  dollars, 
or  both  such  fine  and  imprisonment,  and  it  shall  be  the 
duty  of  the  district  attorneys  of  the  county  of  New 
York,  and  the  county  of  Kings,  and  the  county  of  Rich- 
mond, respectively,  to  prosecute  all  persons  guilty  of 
such  offenses  in  preference  to  any  indictment  then  in 
their  courts,  and  for  such  courts  to  hear  and  try  the 
offenses  against  the  provisions  of  this  chapter  in  pref- 
erence to  all  other  cases  pending  before  them;  and 
whenever  any  person  shall  be  convicted  on  a  trial  for 
such  offense,  the  court  shall  forthwith  proceed  to  pro- 
nounce judgment  upon  him  according  to  the  terms  pre- 
scribed in  this  chapter.  For  the  purpose  of  determining 
all  questions  of  jurisdiction  in  any  civil  or  criminal 
action  growing  °ut  of  any  act  or  thing  done  upon  or 
connected  with  the  Swinburne  island  hospital,  such  hos- 
pital shall  be  deemed  to  be  within  the  county  of  New 
York.  If  any  action  has  been  or  shall  hereafter  be  com- 
menced or  any  criminal  prosecution  instituted  against 
the  health  officer,  or  any  of  his  deputies  or  employees,  or 
any  of  them,  or  against  any  person  engaged  in  perform- 
ing any  duty  or  rendering  any  service  in  any  matter 
or  thing  connected  with  the  quarantine  establishment, 
or  any  part  thereof,  before  any  court  or  officer  within 
the  county  of  Richmond,  or  when  such  county  shall  be 


Health  Offices  of  the  Port  of  New  York      93 

the  place  of  trial  named  in  the  complaint  in  any  such 
action,  the  defendant  therein  may  apply  to  any  justice 
of  the  supreme  court  for  an  order  directing  that  such 
action  shall  be  tried  either  in  the  county  of  New  York 
or  in  the  county  of  Kings,  and  such  justice  shall  there- 
upon make  an  order  removing  such  action  from  the 
county  of  Richmond  to  the  county  of  New  York  or  the 
county  of  Kings.  If  the  action  is  pending  in  the  su- 
preme court,  the  order  shall  designate  in  which  of  the 
other  counties  herein  named  the  trial  shall  be  had;  if 
the  action  is  pending  in  the  county  court,  such  order 
shall  remove  the  action  into  the  supreme  court,  and 
designate  one  of  such  other  counties  as  the  county 
wherein  it  shall  be  tried.  If  the  action  shall  have  been 
commenced  in  the  municipal  court  for  the  borough  of 
Richmond,  the  order  shall  designate  the  court  before 
which  the  action  shall  be  tried  in  the  county  to  which 
it  is  removed  as  herein  required;  and  if  it  is  a  criminal 
action,  the  order  shall  direct  to  which  officer  or  court 
the  complaint  or  indictment  shall  be  sent  for  trial,  and 
shall  provide  for  giving  bail  in  such  form  and  amount 
as  such  justice  shall  deem  proper.  The  court  or  officer 
to  which  any  action  shall  be  transferred,  pursuant  to 
this  section,  shall  proceed  to  the  trial  thereof  in  the 
same  manner  and  with  the  same  effect  as  if  the  action 
had  been  commenced  before  such  court  or  officer  and  the 
cause  of  action  had  arisen  in  the  county  to  which  the 
action  shall  have  been  removed.  An  action  may  be 
brought  by  and  in  the  name  of  the  health  officer  to 
recover  any  penalty,  forfeiture,  sum  of  money  or  other 
cause  of  action  incurred  or  required  to  be  paid  or  au- 
thorized to  be  brought  pursuant  to  any  provision  of 
this  article  or  the  preceding  article. 

§  143.  Special  port  warden.  There  shall  continue  to 
be  a  special  port  warden  in  and  for  the  port  of  New 
York,    appointed   by    the    governor,    by    and    with    the 


94  The  Public  Health  Law 

advice  and  consent  of  the  senate,  whose  term  of  office 
shall  be  two  years.  He  shall  act  as  warden  in  regard 
to  vessels  under  or  subject  to  quarantine,  but  not  in 
regard  to  vessels  while  stopping  at  quarantine  for  the 
purpose  of  visitation  only  by  the  health  officer,  but 
not  detained.  He  shall  have  all  the  powers  of  a  port 
warden  of  the  port  of  New  York  with  reference  to 
vessels  or  merchandise  under  or  subject  to  quarantine, 
but  he  shall  be  subject  to  such  regulations  as  the 
health  officer  may  impose,  for  the  protection  of  the 
public  health.  He  shall  receive  for  each  survey  or 
examination  made  by  him  the  sum  of  five  dollars,  and 
shall  make  returns  to  the  warden's  office  in  the  city 
of  New  York  of  each  survey  made  by  him,  within 
twenty- four  hours  after  it  shall  be  made.  He  may 
appoint  a  deputy,  who  during  his  absence  or  inability 
to  serve,  may  perform  all  his  duties  and  exercise  all 
his  powers.  No  other  port  warden  shall  be  appointed 
under  quarantine. 

§  144.  Fees  of  health  officer,  payment  of  salaries  and 
expenses.  The  health  officer  shall  receive,  on  behalf  of 
the  state  of  New  York,  for  services  rendered  by  him, 
fees  at  rates  not  to  exceed  the  following,  namely: 
For  inspection  of  any  vessel  from  a  foreign  port, 
whose  registered  gross  tonnage  shall  exceed  five  hun- 
dred tons,  the  sum  of  ten  dollars.  For  inspection  of 
every  vessel  from  a  foreign  port,  whose  gross  registered 
tonnage  shall  not  exceed  five  hundred  tons,  five  dol- 
lars. For  inspection  of  every  such  other  vessel,  as 
the  health  officer  may  deem  to  be  quarantinable  and 
subject  to  visitation  and  inspection  and  so  designate 
either  by  name  or  by  class,  three  dollars.  For  medical 
inspection  of  third-class  or  steerage  passengers  upon 
all  ships  entering  the  port  of  New  York,  as  follows: 
For  the  first  one  hundred,  or  fraction  thereof,  five  dol- 
lars;   for    every    additional    one    hundred,    or    fraction 


Health  Officer  of  the  Port  of  Kew  York       95 

thereof,  of  such  passengers,  three  dollars.  For  each 
special  permit  issued  for  the  discharge  of  cargo,  portion 
of  cargo  or  baggage  brought  as  freight,  one  dollar. 
For  special  sanitary  inspection  of  every  vessel  before 
or  after  the  discharge  of  cargo  or  ballast,  ten  dollars. 
For  fumigation  and  disinfection  of  every  vessel  which, 
in  the  judgment  of  the  health  officer  shall  require 
fumigation  and  disinfection  at  rates  to  be  fixed  in 
proportion  to  the  service  rendered  by  the  health  offi- 
cer, but  not  to  exceed  the  following:  For  vessels  whose 
gross  registered  tonnage  shall  not  exceed  two  thousand 
tons,  fifty  dollars.  For  vessels  whose  gross  registered 
tonnage  shall  exceed  two  thousand  tons,  for  every 
thousand,  or  fraction  thereof,  in  excess  of  the  said  two 
thousand  tons,  twenty-five  dollars.  For  boarding  every 
vessel  carrying  passengers  between  sunset  and  sun- 
rise and  inspecting  the  same,  at  the  request  of  the 
owner,  consignee  or  master  of  the  vessel  and  granting 
pratique  when  such  pratique  can  be  given  without 
danger  to  the  public  health,  fifteen  dollars.  For  vacci- 
nation of  persons  on  vessels,  each  twenty-five  cents. 
But  no  charge  shall  be  made  for  the  vaccination  of  any 
person  who  shall  have  been  successfully  vaccinated  by 
the  medical  officer  of  said  vessel.  For  the  maintenance 
and  care  of  all  persons  removed  from  vessels  and  de- 
tained at  quarantine  for  observation,  one  dollar  and 
fifty  cents  per  capita  per  diem.  For  the  maintenance, 
care,  medical  treatment  and  hospital  accommodation  of 
all  persons  removed  from  vessels,  whose  physical  con- 
dition shall  make  such  medical  treatment  and  hospital 
accommodation  necessary  in  the  judgment  of  the  health 
officer,  two  dollars  per  capita  per  diem.  He  shall  pay 
all  the  salaries  and  wages  of  the  deputy  health  officers 
and  other  officers  and  employees  as  may  be  necessary 
for   the   performance   of   the  duties   imposed   upon  him 


96  The-  Public  Health  Law 

by  law  for  the  carrying  on  of  a  quarantine  establish- 
ment, and  shall  pay  all  the  necessary  expenses  of 
maintaining  such  establishment  and  the  steamboat  ser- 
vice necessarily  connected  therewith.  The  salary  of 
the  health  officer  and  of  all  persons  appointed  or  em- 
ployed by  him,  and  all  the  expenses  necessarily  in- 
curred by  him  in  the  performance  of  the  duties  of  his 
office,  shall  be  paid  by  the  state  out  of  the  money  ap- 
propriated therefor.  There  may  be  annually  appro- 
priated for  the  health  officer  a  contingent  fund  which, 
notwithstanding  any  other  provision  of  law,  may  be 
paid  to  him  by  the  treasurer  on  the  warrant  of  the 
comptroller.  Such  fund  may  be  used  by  him  to  pay 
the  current  expenses  of  his  office  for  which  an  im- 
mediate payment  in  cash  is  required,  but  he  shall  render 
to  the  state  comptroller  on  or  before  the  fifth  day  of 
each  month  a  sworn  itemized  statement  of  all  ex- 
penditures from  such  fund  during  the  preceding  calen- 
dar month.  The  health  officer  shall  keep  an  account  of 
all  moneys  received  or  disbursed  by  him  under  this 
section.  This  section  shall  not  affect  the  liability  of 
masters  or  owners  of  vessels,  or  consignees  or  agents 
of  such  masters  or  owners  of  vessels,  passengers  or 
other  persons  to  pay  for  such  services,  labor  or  work 
as  they  are  respectively  required  to  pay  or  discharge 
by  law.  And  the  health  officer  shall  have  the  power 
to  order  to  quarantine  and  detain  therein  any  vessel 
whose  master,  owner,  consignee  or  agent  doing  busi- 
ness in  the  city  of  New  York,  if  there  be  such  agent 
of  said  master,  owner  or  consignee,  or  any  one  of  such, 
shall  refuse  or  neglect  to  pay  the  fees  and  charges 
lierein  provided  for  within  three  days  after  notification 
to  such  master,  owner,  consignee,  or  agent  of  the  fact 
that  such  charges  have  been  assessed  against  such 
vessel.     Such    power   may   be   exercised    by   the   health 


Practice  of  Medicine  97 

officer  within  a  period  of  one  year  after  the  perfor- 
mance of  the  services  for  which  such  charges  are  made; 
and  such  vessel  may  be  released  from  the  health  offi- 
cer's custody  as  aforesaid  only  upon  the  filing  of  a 
bond  in  double  the  amount  of  said  charges,  or  a  judicial 
determination  with  respect  to  the  same.  Nothing  herein 
contained  shall  affect  the  right  of  the  health  officer, 
or  of  the  state  through  the  health  officer,  to  proceed 
for  the  collection  of  such  fees,  as  is  otherwise  by  law 
provided.  (Am'd  by  L.  1909,  ch.  375,  L.  1910,  ch.  425 
and  L.  1913,  ch.  136,  in  effect  March  26,  1913.) 

§  145.  Annual  report.  The  health  officer  shall  make 
a  report  to  the  legislature  annually  on  or  before 
January  fifteenth  for  the  preceding  fiscal  year,  con- 
taining an  itemized  statement  of  all  his  receipts  and 
disbursements  and  of  the  general  condition  of  the 
quarantine  establishment,  the  statistics  of  the  estab- 
lishment in  detail,  and  such  other  information  and 
suggestions  in  regard  to  it  as  he  may  deem  advisable 
A  duplicate  of  said  report  shall  at  the  same  time  be 
filed   by   said   health   officer   with   the   comptroller. 

ARTICLE  VIII. 
Practice  of  Medicine 

Section  160.  Definitions. 

161.  Qualifications. 

162.  The    state   board   of   medical    examiners. 

163.  Certificate   of  appointment;    oath;    powers. 

164.  Expenses. 

165.  Officers;    meetings;    quorum;    committees. 

166.  Admission   to   examination. 

167.  Questions. 

16S.  Examinations   and   reports. 
169.  Licenses. 


i)8  The  Public  Health  Law 

Section  170.  Registry;     revocation    of     license;     annul- 
ment of  registry. 

171.  Registry  in  another  county. 

172.  Certificate     presumptive     evidence;     unau- 

thorized    registration     and    license     pro- 
hibited. 

173.  Construction   of   this   article. 

174.  Penalties  and  their  collection. 

§  160.  Definitions.     As  used  in  this  article: 

1.  "  The  education  department "  means  the  education 
department  of  the  state  of  New  York  as  provided  for 
by  the   education  law. 

2.  "  University "  means  university  of  the  state  of 
New  York. 

3.  "  Regents  "  means  board  of  regents  of  the  univer- 
sity of  the  state  of  New  York. 

4.  "  Board "  means  the  board  of  medical  examiners 
of  the  state  of  New  York. 

5.  "  Medical  examiner "  means  a  member  of  the 
board  of  medical  examiners  of  the  state  of  New  York. 

6.  "  Medical  school "  means  any  medical  school,  col- 
lege or  department  of  a  university,  registered  by  the 
regents  as  maintaining  a  proper  medical  standard  and 
as  legally  incorporated. 

7.  The  practice  of  medicine  is  defined  as  follows: 
A  person  practices  medicine  within  the  meaning  of*  this 
article,  except  as  hereinafter  stated,  who  holds  himself 
out  as  being  able  to  diagnose,  treat,  operate  or  pre- 
scribe for  any  human  disease,  pain,  injury,  deformity 
or  physicial  condition,  and  who  shall  either  offer  or 
undertake,  by  any  means  or  method,  to  diagnose,  treat, 
operate  or  prescribe  for  any  human  disease,  pain,  injury, 
deformity  or  physical   condition. 

8.  "  Physician  "  means  a  practitioner  of  medicine. 

§  161.  Qualifications.  No  person  shall  practice  medi- 
cine, unless  registered  and  legally  authorized  prior  to 


Practice  of  Medicine  99 

September  first,  eighteen  hundred  and  ninety-one,  or 
unless  licensed  by  the  regents  and  registered  under 
article  eight  of  chapter  six  hundred  and  sixty- one  of 
the  laws  of  eighteen  hundred  and  ninety-three  and 
acts  amendatory  thereto,  or  unless  licensed  by  the  re- 
gents and  registered  as  required  by  this  article;  nor 
shall  any  person  practice  under  this  article  who  has 
ever  been  convicted  of  a  felony  by  any  court,  or  whose 
authority  to  practice  is  suspended  or  revoked  by  the 
regents  on  recommendation  of  the  state  board.  The 
conviction  of  a  felony  shall  include  the  conviction  of 
any  offense  which  if  committed  within  the  state  of 
New  York  would  constitute  a  felony  under  the  laws 
thereof.  If  a  person  convicted  of  a  felony  is  sub- 
sequently pardoned  by  the  governor  of  the  state  where 
such  conviction  was  had,  or  by  the  president  of  the 
United  States,  the  regents  may,  in  their  discretion, 
on  application  of  such  person,  and  on  the  submission 
to  them  of  satisfactory  evidence,  restore  to  such  per- 
son the  right  to  practice  medicine  in  this  state,  unless 
such  conviction  has  been  for  misconduct  in  his  pro- 
fessional capacity. 

§  162.  The  state  board  of  medical  examiners.  The 
state  board  of  medical  examiners  is  continued.  The 
members  of  said  board  now  in  office  shall  continue  in 
office  until  the  expiration  of  their  respective  terms. 
Said  board  shall  consist  of  nine  members  who  shall  be 
appointed  by  the  regents  and  who  shall  hold  office 
for  three  years  from  August  first  of  the  year  in  which 
appointed.  The  regents  shall  annually  appoint  three 
members  to  fill  the  vacancies  caused  by  expiration  "of 
term  of  office,  and  may  at  any  time  fill  vacancies  on 
the  board  caused  by  death,  resignation,  or  removal 
from  office.  No  person  shall  be  appointed  a  member 
of  the  board  of  medical  examiners  who  is  not  eligible 
to   receive   a   license   to    practice   from   the   regents    in 


100  The  Public  Health  Law 

accordance  with  the  provisions  of  this  article  or  of 
chapter  six  hundred  and  sixty-one  of  the  laws  of 
eighteen  hundred  and  ninety-three  and  acts  amen- 
datory thereof  and  who  has  not  been  in  practice  in  this 
state  for  at  least  five  years  prior  to  date  of  appoint- 
ment. The  regents  may  remove  any  member  of  the 
board  of  examiners  for  misconduct,  incapacity  or 
neglect  of  duty.  The  regents  shall  appoint  a  secretary 
to  the  board  of  examiners,  who  shall  not  be  a  member 
of  the  board,  and  who  shall  hold  office  during  the 
pleasure  of  the  regents  and  who  shall  receive  an  an- 
nual compensation  of  four  thousand  dollars,  payable 
from  the  fees  received  under  this  article.  The  secre- 
tary shall  be  a  duly  licensed  physician. 

§  163.  Certificate  of  appointment;  oath;  powers. 
Every  medical  examiner  shall  receive  a  certificate  of 
appointment  from  the  regents  and  before  beginning  his 
term  of  office  shall  file  with  the  secretary  of  state  the 
constitutional  oath  of  office.  The  board,  or  any  com- 
mittee thereof,  may  employ  counsel,  shall  have  the 
power  to  compel  the  attendance  of  witnesses,  and  may 
take  testimony  and  proofs  concerning  all  matters 
within  its  jurisdiction.  The  board  may,  subject  to  the 
regents'  approval,  make  all  by-laws  and  rules  not  in- 
consistent with  law  needed  in  performing  its  duties; 
but  no  by-law  or  rule  by  which  more  than  a  majority 
vote  is  required  for  any  specified  action  by  the  board 
shall  be  amended,  suspended  or  repealed  by  a  smaller 
vote  than  that  required  for  action  thereunder. 

•  §  164.  Expenses.  The  fees  derived  from  the  operation 
of  this  article  shall  be  paid  into  the  state  treasury,  and 
the  legislature  shall  annually  appropriate  therefrom 
for  the  education  department  an  amount  sufficient  to 
pay  all  proper  expenses  incurred  pursuant  to  this 
article. 

§  165.  Officers;  meetings;  quorum;  committees.    The 


Practice  of  Medicine  101 

board  shall  annually  elect  from  its  members  a  president 
and  a  vice-president  for  the  academic  year,  and  shall 
hold  one  or  more  meetings  each  year  pursuant  to  call 
of  the  regents.  At  any  meeting  a  majority  shall  con- 
stitute a  quorum;  but  questions  prepared  by  the 
board  may  be  grouped  and  edited,  or  answer  papers 
of  candidates  may  be  examined  and  marked  by  com- 
mittees duly  authorized  by  the  board  and  approved  by 
the  regents. 

§  166.  Admission  to  examination.  The  regents  shall 
admit  to  examination  any  candidate  who  pays  a  fee 
of  twenty-five  dollars  and  submits  evidence,  verified 
by  oath,  and  satisfactory  to  the  regents,  that  he 

1.  Is  more  than  twenty-one  years  of  age. 

2.  Is  of  good  moral  character. 

3.  Had  prior  to  beginning  the  first  year  of  medical 
study  the  general  education  required  by  the  rules  of  the 
regents  preliminary  to  receiving  the  degree  of  bachelor 
or  doctor  of  medicine  in  this  state.  (Am'd  by  L.  1916, 
ch.  328,  in  effect  April  27,  1916.) 

4.  Has  studied  medicine  not  less  than  four  school 
years,  including  four  satisfactory  courses  of  at  least 
seven  months  each  in  four  different  calendar  years  in 
a  medical  school  registered  as  maintaining  at  the  time 
a  standard  satisfactory  to  the  regents.  New  York 
medical  schools  and  New  York  medical  students  shall 
not  be  discriminated  against  by  the  registration  of  any 
medical  school  out  of  the  state  whose  minimum  gradua- 
tion standard  is  less  than  that  fixed  by  statute  for 
New  York  medical  schools.  The  regents  may,  in  their 
discretion,  accept  as  the  equivalent  for  any  part  of  the 
third  and  fourth  requirement,  evidence  of  five  or  more 
years'  reputable  practice,  provided  that  such  substitu- 
tion be  specified  in  the  license,  and,  as  the  equivalent 
of  the  first  year  of  the  fourth  requirement,  evidence  of 
graduation   from   a   registered  college   course,   provided 


102  The  Public  Health  Law 

that  such  college  course  shall  have  included  not  less 
than  the  minimum  requirements  prescribed  by  the  re- 
gents for  such  admission  to  advanced  standing.  The 
regents  may  also  in  their  discretion  admit  conditionally 
to  the  examination  in  anatomy,  physiology,  hygiene, 
sanitation,  and  chemistry,  applicants  nineteen  years 
of  age  certified  as  having  studied  medicine  not  less 
than  two  years,  including  two  satisfactory  courses  of 
at  least  seven  months  each,  in  two  different  calendar 
years,  in  a  medical  school  registered  as  maintaining 
at  the  time  a  satisfactory  standard,  provided  that  such 
applicants   meet  the  second   and   third  requirements. 

5.  Has  either  received  the  degree  of  bachelor  or  doc- 
tor of  medicine  from  some  registered  medical  school, 
or  a  diploma  or  license  conferring  full  right  to  practice 
medicine  in  some  foreign  country  unless  admitted  con- 
ditionally to  the  examinations  as  specified  above,  in 
which  case  all  qualifications,  including  the  full  period 
of  study,  the  medical  degree  and  the  final  examinations 
in  surgery,  obstetrics,  gynecology,  pathology,  including 
bacteriology,  and  diagnosis  must  be  met.  The  degree 
of  bachelor  or  doctor  of  medicine  shall  not  be  con- 
ferred in  this  state  before  the  candidate  has  filed  with 
the  institution  conferring  it  the  certificate  of  the  re- 
gents that  before  beginning  the  first  annual  medical 
course  counted  toward  the  degree,  he  had  earned  a 
medical  student  qualifying  certificate  in  accordance 
with  the  rules  of  the  regents,  the  minimum  require- 
ment for  which,  for  matriculates  after  January  first. 
nineteen  hundred  and  seventeen,  shall  be  the  successful 
completion  of  an  approved  four-year  high  school  course 
or  Its  equivalent.  (Am'd  by  L.  1912.  ch.  141  and  L. 
1916,  ch.  32S,  in  effect  April  27,  1916.) 

6.  Where  the  application  be  for  a  license  to  practice 
osteopathy,  the  applicant  shall  produce  evidence  that 
he   has   studied  osteopathy   not   less   than   three  years 


Practice  of  Medicine  103 

including  three  satisfactory  courses  of  not  less  than 
nine  months  each  in  three  different  calendar  years 
in  a  college  of  osteopathy  maintaining  at  the  time  a 
standard  satisfactory  to  the  regents.  After  nineteen 
hundred  and  ten  the  applicant  for  a  license  to  practice 
under  this  article  shall  produce  evidence  that  he  has 
studied  not  less  than  four  years  including  four  satis- 
factory courses  of  not  less  than  seven  months  each  in 
four  different  calendar  years  in  a  college  maintaining 
at  the  time  a  standard  satisfactory  to  the  regents. 

§  167.  Questions.  The  board  shall  submit  to  the 
regents,  as  required,  lists  of  suitable  questions  for 
thorough  examination  in  anatomy,  physiology,  hygiene, 
sanitation,  chemistry,  surgery,  obstetrics,  gynecology, 
pathology,  including  bacteriology,  and  diagnosis.  From 
these  lists  the  regents  shall  prepare  question  papers  for 
all  these  subjects,  which  at  any  examination  shall  be 
the  same  for  all  candidates,  except  that  the  examination 
may  be  divided  as  provided  in  section  one  hundred  and 
sixty-six. 

§  168.  Examinations  and  reports.  Examinations  for 
licenses  shall  be  given  in  at  least  four  convenient  places 
in  this  state  and  at  least  four  times  annually,  in  ac- 
cordance with  the  regents'  rules,  and  shall  be  ex- 
clusively in  writing  and  in  English.  Each  examination 
shall  be  conducted  by  a  regents'  examiner  who  shall 
not  be  one  of  the  medical  examiners.  At  the  close  of 
each  examination  the  regents'  examiner  in  charge  shall 
deliver  the  questions  and  answer  papers  to  the  board 
or  its  duly  authorized  committee,  who,  without  un- 
necessary delay,  shall  examine  and  mark  the  answers 
and  transmit  to  the  regents  an  official  report,  signed 
by  its  president  and  secretary,  stating  the  standing  of 
each  candidate  in  each  branch,  his  general  average  and 
whether  the  board  recommends  that  a  license  be 
granted.     Such   report  shall   include  the  questions  and 


104  The  Public  Health  Law 

answers  and  shall  be  filed  in  the  public  records  of  the 
university.  If  a  candidate  fails  on  first  examination, 
he  may,  after  not  less  than  six  months'  further  study, 
have  a  second  examination  without  fee.  If  the  failure 
is  from  illness  or  other  cause  satisfactory  to  the  re- 
gents they  may  waive  the  required  six  months'  study. 
S  169.  Licenses.  On  receiving  from  the  state  board 
an  official  report  that  an  applicant  has  successfully 
passed  the  examinations  and  is  recommended  for  li- 
cense, the  regents  shall  issue  to  him  a  license  to  prac- 
tice according  to  the  qualifications  of  the  applicant. 
Every  license  shall  be  issued  by  the  university  under 
seal  and  shall  be  signed  by  each  acting  medical  exami- 
ner and  by  the  officer  of  the  university  who  approved 
the  credential  which  admitted  the  candidate  to  exami- 
nation, and  shall  state  that  the  licensee  has  given  sat- 
isfactory evidence  of  fitness  as  to  age,  character,  pre- 
liminary and  medical  education  and  all  other  matters 
required  by  law,  and  that  after  full  examination  he 
has  been  found  properly  qualified  to  practice.  Appli- 
cants examined  and  licensed  by  other  state  examining 
boards  "registered  by  the  regents  as  maintaining  stand- 
ards not  lower  than  those  provided  by  this  article  and 
applicants  who  matriculated  in  a  New  York  state  med- 
ical school  before  June  fifth,  eighteen  hundred  and 
ninety,  and  who  received  the  degree  of  doctor  of  med- 
icine from  a  registered  medical  school  before  August 
first,  eighteen  hundred  and  ninety-five,  may  without 
further  examination,  on  payment  of  twenty-five  dol- 
lars to  the  regents  and  on  submitting  such  evidence  as 
they  may  require,  receive  from  them  an  indorsement 
of  their  licenses  or  diplomas  conferring  all  rights  and 
privileges  of  a  regents'  license  issued  after  examina- 
tion. The  commissioner  of  education  may  in  his  dis- 
cretion on  the  approval  of  the  board  of  regents  in- 
dorse a  license  or  diploma  of  a  physician  from  another 
state,  provided  the  applicant  has  met  all  the  prelimi- 


Practice  of  Medicine  105 

nary  and  professional  qualifications  required  for  earn- 
ing a  license  on  examination  in  tin's  state,  has  been  in 
reputable  practice  for  a  period  of  ten  years,  and  has 
reached  a  position  of  conceded  eminence  and  authority 
in  his  profession.  Any  phj'sician,  who  was  actually 
engaged  in  the  practice  of  medicine  in  this  state  prior 
to  September  first,  eighteen  hundred  and  ninety-one, 
and  who  failed  to  register,  although  eligible  to  do  so 
at  the  time,  or  any  physician,  whose  registration  is 
not  legal  because  of  some  error,  misunderstanding  or 
unintentional  omission,  may  on  the  unanimous  recom- 
mendation of  the  state  board  of  medical  examiners  that 
he  has  submitted  satisfactory  proof  of  having  com- 
plied with  all  the  requirements  prescribed  by  law  at 
the  time  of  his  failure  to  register,  or  his  incomplete 
registration,  receive  from  the  regents  under  seal  a  cer- 
tificate of  the  facts  which  may  be  registered  by  any 
county  clerk  and  shall  make  valid  his  registration. 
Before  any  license  is  issued  it  shall  be  numbered  and 
recorded  in  a  book  kept  in  the  regents'  office,  and  its 
number  shall  be  noted  in  the  license;  and  a  photo- 
graph of  the  licensee  filed  with  records.  This  record 
shall  be  open  to  public  inspection,  and  in  all  legal 
proceedings  shall  have  the  same  weight  as  evidence  thai 
is  given  to  a  record  of  conveyance  of  land.  (Am'd  by 
L.  1915,  ch.  552,  in  effect  May  8,  1915:) 

§  170.  Registry;  revocation  of  license;  annulment  of 
registry.  Every  license  to  practice  medicine  shall,  before 
the  licensee  begins  practice  thereunder,  be  registered  in 
a  book  kept  in  the  clerk's  office  of  the  county  where  such 
practice  is  to  be  carried  on,  with  name,  residence,  place 
and  date  of  birth,  and  source,  number  and  date  of  his 
license  to  practice.  Before  registering,  each  licensee 
shall  file,  to  be  kept  in  a  bound  volume  in  a  county 
clerk's  office,  an  affidavit  of  the  above  facts,  and  also 
that  he  is  the  person  named  in  such  license,  and  had, 


106  The  Public  Health  Law 

before  receiving  the  same,  complied  with  all  require- 
ments as  to  attendance,  terms  and  amount  of  study 
and  examinations  required  by  law  and  the  rules  of  the 
university  as  preliminary  to  the  conferment  thereof; 
that  no  money  was  paid  for  such  license,  except  the 
regular  fees  paid  by  all  applicants  therefor;  that  no 
fraud,  misrepresentation  or  mistake  in  any  material 
regard  was  employed  by  any  one  or  occurred  in  order 
that  such  license  should  be  conferred.  Every  license, 
or  if  lost  a  copy  thereof  legally  certified  so  as  to  be 
admissible  as  evidence,  or  a  duly  attested  transcript  of 
the  record  of  its  conferment,  shall,  before  registering, 
be  exhibited  to  the  county  clerk,  who,  only  in  case  it 
was  issued  or  indorsed,  as  a  license  under  seal  by  the 
regents,  shall  indorse  or  stamp  on  it  the  date  and  his 
name  preceded  by  the  words,  "  registered  as  authority 

to    practice    medicine    in    the    clerk's    office    of 

ccunty."  The  clerk  shall  thereupon  give  to  every  physi- 
cian so  registered  a  transcript  of  the  entries  in  the 
register  with  a  certificate,  under  seal  that  he  has  filed 
the  prescribed  affidavit.  The  licensee  shall  pay  to  the 
county  clerk  a  total  fee  of  one  dollar  for  registration, 
affidavit  and  certificate.  The  regents  shall  have  power 
at  any  and  all  times  to  inquire  into  the  identity  of 
any  person  claiming  to  be  a  licensed  or  registered  physi- 
cian and  after  due  service  of  notice  in  writing,  require 
him  to  make  reasonable  proof,  satisfactory  to  them, 
that  he  is  the  person  licensed  to  practice  medicine  under 
the  license  by  virtue  of  which  he  claims  the  privilege 
of  this  article.  When  the  regents  find  that  a  person 
claiming  to  be  a  physician,  licensed  under  this  article, 
is  not  in  fact  the  person  to  whom  the  license  was  issued, 
they  shall  reduce  their  findings  to  writing  and  file  them 
in  the  office  of  the  clerk  of  the  county  in  which  said 
person  resides  or  practices  medicine.  Said  certificate 
shall  be  prima  facie  evidence  that  the  person  mentioned 


Practice  of  Medicine  107 

therein  is  falsely  impersonating  a  practitioner  or  a 
former  practitioner  of  a  like  or  different  name.  The 
regents  may  revoke  the  license  of  a  practitioner  of 
medicine,  or  annul  his  registration,  or  do  both,  in  any 
of  the  following  cases: 

(a)  A  practitioner  of  medicine  who  is  guilty  of  any 
fraud  or  deceit  in  his  practice,  or  who  is  guilty  of  a 
crime  or  misdemeanor,  or  who  is  guilty  of  any  fraud 
or   deceit   by  which   he  was   admitted   to  practice;    or 

(b)  Is  an  habitual  drunkard  or  habitually  addicted 
to  the  use  of  morphine,  opium,  cocaine,  or  other  drugs 
having  a  similar  effect;   or 

(c)  Who  undertakes  or  engages  in  any  manner  or  by 
any  ways  or  means  whatsoever,  to  procure  or  perform 
any  criminal  abortion  as  the  same  is  defined  by  section 
eighty  of  the  penal  law;  or 

(d)  Who  offers  or  undertakes  by  any  manner  or 
means  to  violate  any  of  the  provisions  of  section  eleven 
hundred  and  forty-two  of  the  penal  law. 

Proceedings  for  revocation  of  a  license  or  the  annul- 
ment of  registration  shall  be  begun  by  filing  a  written 
charge  or  charges  against  the  accused.  These  charges 
may  be  preferred  by  any  person  or  corporation,  or  the 
regents  may  on  their  own  motion  direct  the  executive 
officer  of  the  board  of  regents  to  prefer  said  charges. 
Said  charges  shall  be  filed  with  the  executive  officer  of 
the  board  of  regents,  and  a  copy  thereof  filed  with  the 
secretary  of  the  board  of  medical  examiners.  The  board 
of  medical  examiners,  when  charges  are  preferred,  shall 
designate  three  of  their  number  as  a  committee  to  hear 
and  determine  said  charges.  A  time  and  place  for  the 
hearing  of  said  charges  shall  be  fixed  by  said  committee 
as  soon  as  convenient,  and  a  copy  of  the  charges,  together 
with  a  notice  of  the  time  and  place  when  they  will  be 
heard  and  determined,  shall  be  served  upon  the  accused 
or  his  counsel,  at  least  ten  days  before  the  date  actually 


10 S  The  Public  Health  Law 

fixed  for  said  hearing.  Where  personal  service  or 
service  upon  counsel  can  not  be  effected,  and  such  fact 
is  certified  on  oath  by  any  person  duly  authorized  to 
make  legal  service,  the  regents  shall  cause  to  be  pub- 
lished for  at  least  seven  times,  for  at  least  twenty 
days  prior  to  the  hearing,  in  two  daily  papers  in  the 
county  in  which  the  physician  was  last  known  to 
practice,  a  notice  to  the  effect  that  at  a  definite  time 
and  place  a  hearing  will  be  had  for  the  purpose  of  hear- 
ing charges  against  the  physician  upon  an  application 
to  revoke  his  license.  At  said  hearing  the  accused  shall 
have  the  right  to  cross-examine  the  witnesses  against 
him  and  to  produce  witnesses  in  his  defense,  and  to 
appear  personally  or  by  counsel.  The  said  committee 
shall  make  a  written  report  of  its  findings  and  recom- 
mendations, to  be  signed  by  all  its  members,  and  the 
same  shall  be  forthwith  transmitted  to  the  executive 
officer  of  the  board  of  regents.  If  the  said  committee 
shall  unanimously  find  that  such  charges,  or  any  of 
them,  are  sustained,  and  shall  unanimously  recommend 
that  the  license  of  the  accused  be  revoked  or  his  regis- 
tration be  annulled,  the  regents  may  thereupon  in  their 
discretion,  revoke  said  license  or  annul  said  registra- 
tion, or  do  both.  If  the  regents  shall  annul  such  regis- 
tration, they  shall  forthwith  transmit  to  the  clerk  of 
the  county  or  counties  in  which  said  accused  is  regis- 
tered as  a  physician,  a  certificate  under  their  seal  cer- 
tifying that  such  registration  has  been  annulled,  and 
said  clerk  shall,  upon  receipt  of  said  certificate,  file  the 
same  and  forthwith  mark  said  registration  "  annulled."' 
Any  person  who  shall  practice  medicine  after  his  regis- 
tration has  been  marked  "  annulled "  shall  be  deemed 
to  have  practiced  medicine  without  registration.  Where 
the  license  of  any  person  has  been  revoked,  or  his  regis- 
tration has  been  annulled  as  herein  provided,  the  re- 
gents may,  after  the  expiration  of  one  year,  entertain 


Practice  of  Medicine  109 

an  application  for  a  new  license,  in  like  manner  as 
original  applications  for  licenses  are  entertained;  and 
upon  such  new  application  they  may  in  their  discre- 
tion, exempt  the  applicant  from  the  necessity  of  under- 
going any  examination. 

§  171.  Registry  in  another  county.  A  practicing  phy- 
sician having  registered  a  lawful  authority  to  practice 
medicine  in  one  county,  and  removing  such  practice  or 
part  thereof  to  another  county,  or  regularly  engaging 
in  practice  or  opening  an  office  in  another  county  shall 
show  or  send  by  registered  mail  to  the  clerk  of  such 
other  county,  his  certificate  of  registration.  If  such 
certificate  clearly  shows  that  the  original  registration 
was  of  an  authority  issued  under  seal  by  the  regents,  or 
if  the  certificate  itself  is  indorsed  by  the  regents  as 
entitled  to  registration,  the  clerk  shall  thereupon  regis- 
ter the  applicant  in  the  latter  county,  on  receipt  of  a 
fee  of  twenty- five  cents,  and  shall  stamp  or  indorse  on 
such  certificate  the  date  and  his  name  preceded  by  the 

words,  "  registered  also  in    county,"  and  return 

the  certificate  to  the  applicant. 

§  172.  Certificate  presumptive  evidence;  unauthorized 
registration  and  license  prohibited.  Every  unrevoked 
certificate  and  indorsement  of  registry,  made  as  pro- 
vided in  this  article,  shall  be  presumptive  evidence  in 
all  courts  and  places,  that  the  person  named  therein  is 
legally  registered.  Hereafter  no  person  shall  register 
any  authority  to  practice  medicine  unless  it  has  been 
issued  or  indorsed  as  a  license  by  the  regents.  No  such 
registration  shall  be  valid  unless  the  authority  regis- 
tered constituted,  at  the  time  of  registration,  a  license 
under  the  laws  of  the  state  then  in  force.  No  diploma 
or  license  conferred  on  a  person  not  actually  in  attend- 
ance at  the  lectures,  instruction  and  examinations  of 
the  school  conferring  the  same,  or  not  possessed  at  the 
time  of  its  conferment  of  the  requirements  then  de- 
manded of  medical  students  in  this  state  as  a  condition 


110  The  Public  Health  Law 

of  their  being  licensed  so  to  practice,  and  no  registra- 
tion not  in  accordance  with  this  article  shall  be  lawful 
authority  to  practice  medicine,  nor  shall  the  degree  of 
doctor  of  medicine  be  conferred  causa  honoris  or  ad 
eundem  nor  if  previously  conferred  shall  it  be  a  quali- 
fication for  such  practice. 

§  173.  Construction  of  this  article.  This  article  shall 
not  be  construed  to  affect  commissioned  medical  officers 
serving  in  the  United  States  army,  navy  or  marine 
hospital  service,  while  so  commissioned;  or  any  one 
while  actually  serving  without  salary  or  professional 
fees  on  the  resident  medical  staff  of  any  legally  incor- 
porated hospital;  or  any  legally  registered  dentist  exclu- 
sively engaged  in  practicing  dentistry;  or  any  person  or 
manufacturer  who  mechanically  fits  or  sells  lenses,  arti- 
ficial eyes,  limbs  or  other  apparatus  or  appliances,  or 
is  engaged  in  the  mechanical  examination  of  eyes,  for 
the  purpose  of  constructing  or  adjusting  spectacles,  eye 
glasses  and  lenses;  or  any  lawfully  qualified  physician 
in  other  states  or  countries  meeting  legally  registered 
physicians  in  this  state  in  consultation;  or  any  physi- 
cian residing  on  a  border  of  a  neighboring  state  and 
duly  licensed  under  the  laws  thereof  to  practice  medi- 
cine therein,  whose  practice  extends  into  this  state,  and 
who  does  not  open  an  office  or  appoint  a  place  to  meet 
patients  or  receive  calls  within  this  state;  or  any  phy- 
sician duly  registered  in  one  county  called  to  attend 
isolated  cases  in  another  county,  but  not  residing  or 
habitually  practicing  therein;  or  the  furnishing  of 
medical  assistance  in  case  of  emergency;  or  the  domes- 
tic administration  of  family  remedies;  or  the  practice 
of  chiropody;  or  the  practice  of  the  religious  tenets  of 
any  church.  This  article  shall  be  construed  to  repeal  all 
acts  or  parts  of  acts  authorizing  conferment  of  any 
degree  in  medicine  causa  honoris  or  ad  eundem  or 
otherwise  than  on  students  duly  graduated  after  satis- 
factory completion  of  a  preliminary  medical  course  not 


Practice  of  Medicine  111 

less  than  that  required  by  this  article  as  a  condition 
of  license.  It  is  further  provided  that  any  person  who 
shall  be  actively  engaged  in  the  practice  of  osteopathy 
in  the  state  of  New  York  on  the  thirteenth  day  of  May, 
nineteen  hundred  and  seven,  and  who  shall  present  to 
the  board  of  regents  satisfactory  evidence  that  he  is  a 
graduate  in  good  standing  of  a  regularly  conducted 
school  or  college  of  osteopathy  within  the  United  States 
which  at  the  time  of  his  or  her  graduation  required  a 
course  of  study  of  two  years  or  longer,  including  the 
subjects  of  anatomy,  physiology,  pathology,  hygiene, 
chemistry,  obstetrics,  diagnosis  and  the  theory  and 
practice  of  osteopathy,  with  actual  attendance  of  not 
less  than  twenty  months,  which  facts  shall  be  shown 
by  his  or  her  diploma  and  affidavit,  shall  upon  applica- 
tion and  payment  of  ten  dollars  be  granted,  without 
examination,  a  license  to  practice  osteopathy,  provided 
application  for  such  license  be  made  within  six  months 
after  the  thirteenth  day  of  May,  nineteen  hundred  and 
seven.  A  license  to  practice  osteopathy  shall  not  per- 
mit the  holder  thereof  to  administer  drugs  or  perform 
surgery  with  the  use  of  instruments.  Licenses  to  prac- 
tice osteopathy  shall  be  registered  in  accordance  with 
the  provisions  of  this  article,  and  the  word  osteopath 
be  included  in  such  registration;  and  such  license  shall 
entitle  the  holder  thereof  to  the  use  of  the  degree  D.  O., 
or  doctor  of  osteopathy. 

§  174.  Penalties  and  their  collection.  Any  person 
who,  not  being  then  lawfully  authorized  to  practice 
medicine  within  this  state  and  so  registered  according 
to  law,  shall  practice  medicine  within  this  state  with- 
out lawful  registration  or  in  violation  of  any  provision 
of  this  article;  and  any  person  who  shall  buy,  sell  or 
fraudulently  obtain  any  medical  diploma,  license,  record 
or  registration,  or  who  shall  aid  or  abet  such  buying, 
selling  or  fraudulently  obtaining,  or  who  shall  practice 
medicine  under  cover  of  any  medical  diploma,  license, 


112  The  Public  Health  Law 

record  or  registration  illegally  obtained,  or  signed,  or 
issued  unlawfully  or  under  fraudulent  representations 
or  mistake  of  fact  in  a  material  regard,  or  who,  after 
conviction  of  a  felony,  shall  attempt  to  practice  medi- 
cine, or  shall  so  practice,  and  any  person  who  shall  in 
connection  with  his  name  use  any  designation  tending 
to  imply  or  designate  him  as  a  practitioner  of  medicine 
within  the  meaning  of  this  article  without  having  regis- 
tered in  accordance  therewith,  or  any  person  who  shall 
practice  medicine  or  advertise  to  practice  medicine 
under  a  name  other  than  his  own,  or  any  person  not  a 
registered  physician  who  shall  advertise  to  practice 
medicine,  shall  be  guilty  of  a  misdemeanor.  Any  person 
who  shall  practice  medicine  under  a  false  or  assumed 
name,  or  who  shall  falsely  personate  another  practi- 
tioner or  former  practitioner  of  a  like  or  different  name, 
shall  be  guilty  of  a  felony.  When  any  prosecution 
under  this  article,  or  under  sections  eleven  hundred  and 
forty-two,  eighty,  eighty-one,  eighty-two,  seventeen 
hundred  and  forty-seven  of  the  penal  law,  and  any 
amendments  thereto,  is  made  on  the  complaint  of  any 
incorporated  medical  society  of  the  state,  or  any  county 
medical  society  entitled  to  representation  in  a  state 
society,  any  fines  collected  shall  be  paid  to  the  society 
making  the  complaint,  and  any  excess  of  the  amount  of 
fines  so  paid  over  the  expense  incurred  by  the  said 
society  in  enforcing  the  medical  laws  of  this  state,  shall 
be  paid  at  the  end  of  the  year  to  the  county  treasurer. 

ARTICLE  IX. 

Dental  Societies  and  the  Practice  of  Dentistry. 

Section  190.  Definitions. 

191.  State  dental  society. 

192.  District  dental  societies. 

193.  Powers  of  district  dental  societies. 

194.  Licentiates. 


Dental  Societies  and  the  Practice  of  Dentistry       113 

Section  195.  State  board  of  dental  examiners. 

196.  Examinations. 

197.  Degrees. 

198.  Licenses. 

199.  Registration. 

200.  Examination  fees. 

201.  Revocation  of  licenses. 

202.  Construction  of  this  article. 

203.  Penalties. 

§  190.  Definitions.  As  used  in  this  article,  the  terms 
"  university,"  "  regents  "  and  "  physicians  "  have  re- 
spectively the  meanings  defined  in  article  eight  of  this 
chapter.  "  Board,"  where  not  otherwise  limited,  means 
the  board  of  dental  examiners  of  the  state  of  New 
York.  "  Registered  medical  or  dental  school "  means 
a  medical  or  dental  school,  college  or  department  of  a 
university,  registered  by  the  regents  as  maintaining  a 
proper  educational  standard  and  legally  incorporated. 
"  Examiner,"  where  not  otherwise  qualified,  means  a 
member  of  the  board.  "  State  dental  society  "  means 
the  dental  society  of  the  state  of  New  York. 

Practice  of  dentistry.  A  person  practices  dentistry 
within  the  meaning  of  this  article,  who  holds  himself 
out  as  being  able  to  diagnose,  treat,  operate,  or  pre- 
scribe for  any  disease,  pain,  injury,  deficiency,  deform- 
ity, or  physical  condition  of  the  human  teeth,  alveolar 
process,  gums,  or  jaws,  and  who  shall  either  offer  or 
undertake  by  any  means  or  method  to  diagnose,  treat, 
operate  or  prescribe  for  any  disease,  pain,  injury,  de- 
ficiency, deformity,  or  physical  condition  of  the  same. 
(Am'd  by  L.  1916,  eh.  129,  in  effect  April  5,  1916.) 

§  191.  State  dental  society.  The  dental  society  of 
the  state  of  New  York  is  continued,  and  shall  be  com- 
posed of  eight  delegates  from  each  district  society,  di- 
vided  into   four   classes   of  two   delegates  each,   to   be 


114  The  Public  Health  Law 

elected  annually,  and  of  two  delegates  from  each  incor- 
porated dental  school  of  the  state  to  be  elected  annu- 
ally. The  state  dental  society  shall  annually  meet  on 
the  second  Wednesday  of  May,  or  at  such  other  time 
and  at  such  place  as  may  be  determined  on  in  the 
by-laws  of  the  society  or  by  resolution,  at  the  preceding 
annual  meeting.  Twenty  members  shall  be  a  quorum. 
The  society  shall  elect  annually  a  president,  vice-presi- 
dent, secretary  and  treasurer,  who  shall  hold  their  offices 
for  one  year,  and  until  others  shall  be  chosen  in  their 
places,  and  may  elect  permanent  members  at  any  annual 
meeting  from  among  members  of  district  societies  of  the 
state,  who  shall  have  all  the  privileges  of  delegate  mem- 
bers: the  number  of  permanent  members  so  elected  shall 
be  fixed  by  the  by-laws  of  the  society.  The  society  may 
elect  honorary  members  from  any  state  or  country  not 
eligible  to  regular  membership,  who  shall  not  be  entitled 
to  vote  or  hold  any  office  in  the  society.  (Am'd  by  L. 
1912,  ch.   171,  in  effect  April  5,  1912.) 

§  192.  District  dental  societies.  The  existing  district 
dental  societies  are  continued.  In  any  judicial  district 
in  which  a  district  dental  society  is  not  now  incorpo- 
rated, fifteen  or  more  dentists  of  such  district  author- 
ized to  practice  dentistry  in  this  state  may  become  a 
district  dental  society  of  such  district,  by  publishing  a 
call  for  a  meeting  of  the  dentists  of  the  district  to  be 
held  at  a  time  and  place  mentioned  therein  within  the 
district,  in  at  least  one  newspaper  in  each  county  of 
the  district,  at  least  once  a  week  for  at  least  four  weeks 
immediately  preceding  the  time  when  such  meeting  is 
to  be  held,  and  by  meeting  at  the  time  and  place  speci- 
fied in  such  notice  with  such  dentists  authorized  to 
practice  dentistry  in  the  district  as  may  respond  to 
such  call,  and  by  making  and  filing  with  the  secretary 
of  the  state  dental  society  a  certificate,  to  be  executed 
and  acknowledged  by  the  dentists  so  meeting,  or  by  at 


Dental  Societies  and  the  Practice  of  Dentistry      115 

least  fifteen  of  them,  which  shall  set  forth  that  such 
meeting  has  been  held  pursuant  to  such  notice,  the  cor- 
porate name  of  the  society,  which  shall  be  the  district 
dental  society  of  the  judicial  district  where  located,  the 
names  and  places  of  residence  of  the  officers  of  the  soci- 
ety for  the  first  year,  or  until  the  first  annual  meeting, 
which  officers  shall  be  a  president,  vice-president,  secre- 
tary and  treasurer,  the  time  and  place  of  the  annual 
meeting  of  the  society,  the  general  objects  and  purposes 
of  the  association  and  the  names  of  eight  delegates  to 
the  state  society  divided  into  four  classes  of  two  dele- 
gates each,,  to  hold  office  until  the  first,  second,  third 
and  fourth  annual  meeting  thereafter,  respectively. 
And  thereon  the  persons  executing  such  certificate  and 
all  other  dentists  in  good  standing  and  authorized  to 
practice  dentistry  in  such  district,  who  shall  subscribe 
to  its  by-laws,  shall  be  a  corporation  by  the  name  ex- 
pressed in  such  certificate. 

§  193.  Powers  of  district  dental  societies.  Every 
licensed  and  registered  dentist  in  the  judicial  district 
in  which  such  society  is  formed,  shall  be  eligible  to 
membership  in  the  district  society  of  the  district  where 
he  resides  or  practices  dentistry.  Every  district  soci- 
ety shall  at  every  annual  meeting  choose  two  delegates 
to  the  state  dental  society,  each  to  serve  four  years,  and 
may  fill  all  vacancies  occurring  in  their  respective  dele- 
gations in  the  state  society.  Every  district  dental  soci- 
ety shall  at  its  annual  meeting  appoint  not  less  than 
three  nor  more  than  five  censors  to  continue  in  office 
for  one  year  and  until  others  are  chosen,  who  shall  con- 
stitute a  district  board  of  censors.  The  dental  societies 
of  the  respective  districts  of  the  state  shall  have  power 
to  make  all  needful  by-laws  not  inconsistent  with  the 
laws  of  this  state  for  the  management  of  their  affairs 
and  property  and  the  admission  and  expulsion  of  mem- 
bers;  providing,  that  no  by-law  of  any  district  society 


116  The  Public  Health  Law 

shall  be  repugnant  to  or  inconsistent  with  the  by-laws 
of  the  state  society.  Said  societies  may  purchase  and 
hold  real  and  personal  estate  for  the  purposes  of  their 
incorporation;  provided  that  the  property  of  a  district 
society  shall  not  exceed  in  value  five  thousand  dollars, 
and  the  property  of  the  state  society  shall  not  exceed  in 
value  twenty-five  thousand  dollars. 

§  194.  Licentiates.  Only  the  following  persons  shall 
be  deemed  licensed  to  practice  dentistry: 

1.  Those  duly  licensed  and  registered  as  dentists  in 
this  state  prior  to  the  first  day  of  August,  eighteen 
hundred  and  ninety-five,  pursuant  to  the  laws  in  force 
at  the  time  of  their  license  and  registration. 

2.  Those  duly  licensed  and  registered  after  the  first 
day  of  August,  eighteen  hundred  and  ninety- five,  pur- 
suant to  the  provisions  of  this  chapter. 

§  195.  1.  State  board  of  dental  examiners.  The  ex- 
isting state  board  of  dental  examiners  shall  be  divided 
into  four  classes  and  their  terms  of  office  shall  con- 
tinue except  that  said  terms  shall  expire  on  the  thirty- 
first  day  of  July  in  each  year.  After  July  thirty-first, 
nineteen  hundred  and  ten,  the  state  board  of  dental 
examiners  shall  be  increased  by  the  addition  of  a 
member  residing  in  the  ninth  judicial  district,  who 
shall  be  appointed  in  the  manner  provided  by  this  sec- 
tion, for  a  term  of  four  years,  commencing  on  the  first 
day  of  August,  nineteen  hundred  and  ten.  and  who 
shall  be  a  member  of  the  class  whose  terms  commence 
on  such  date.  Before  the  day  when  the  official  terms 
of  the  members  of  any  of  said  classes  shall  expire. 
the  regents  shall  appoint  their  successors,  to  serve  for 
the  term  of  four  years  from  said  day.  Such  appoint- 
ment shall  be  made  from  nominations  in  number 
twice  the  number  of  the  outgoing  elass  made  by  such 
society  to  the  regents  prior  to  the  second  Tuesday  in 
June  of  each  year,  or  in  default  of  such  nominations 
from  the  licensed  and   registered   dentists  of  the  state 


Dental  Societies  and  the  Practice  of  Dentistry      117 

who  have  been  members  of  the  state  dental  society  for 
not  less  than  ten  years  prior  to  the  time  of  the  appoint- 
ment. The  regents,  in  the  same  manner,  shall  also  fill 
vacancies  in  the  board  that  may  occur.  All  nomina- 
tions and  appointments  shall  be  so  made  that  every 
vacancy  in  the  board  shall  be  filled  by  a  resident  of  the 
same  judical  district  in  which  the  last  incumbent  of  the 
office  resided.  The  board  shall  elect  at  its  annual  meet- 
ing from  its  members  a  president  and  shall  hold  one  or 
more  meetings  each  year  pursuant  to  call  of  the  regents. 
No  person  shall  be  appointed  an  examiner  unless  he 
shall  have  received  a  dental  degree  from  a  body  law- 
fully entitled  to  confer  the  same,  and  in  good  stand- 
ing at  the  time  of  its  conferment,  and  shall  have  been 
engaged  within  the  state  during  not  less  than  five 
years  prior  to  his  appointment  in  the  actual  and  law- 
ful practice  of  dentistry.  Nor  shall  any  person  con- 
nected with  a  dental  school  as  professor,  trustee  or 
instructor  be  eligible  to  such  appointment.  Cause 
being  shown  before  them  the  regents  may  remove  an 
examiner  from  office  on  proven  charges  of  inefficiency, 
incompetency,  immorality  or  unprofessional  conduct. 

2.  Secretary  of  the  board.  The  secretary  shall  be  a 
licensed  dentist  who  has  been  in  practice  in  this  state 
for  at  least  five  years  with  a  degree  of  D.D.S.  He 
shall  be  appointed  by  the  regents,  shall  hold  office  dur- 
ing their  pleasure,  and  shall  receive  an  annual  salary 
of  four  thousand  dollars,  payable  from  moneys  re- 
ceived under  this  article.  He  shall  have  such  powers 
and  shall  perform  such  duties  as  are  prescribed  by  the 
rules  of  the  regents.  (Am'd  by  L.  1910,  eh.  137  and 
L.  1916,  ch.  129,  in  effect  Sept.  1,  1916.) 

§  196.  Examinations.  The  regents  shall  admit  to 
examination  any  candidate  who  shall  pay  the  fee  herein 
prescribed  and  submit  satisfactory  evidence,  verified  by 
oath  if  required,  that  he: 

1.  Is  more  than  twenty-one  years  of  age; 

2.  Is  of  good  moral  character; 


118  The  Public  Health  Law 

3.  Has  a  preliminary  education  equivalent  to  grad- 
uation from  a  four  year  high  school  course  registered 
by  the  regents,  or  an  education  accepted  by  the  re- 
gents as  fully  equivalent. 

4.  Subsequently  to  receiving  such  preliminary  edu- 
cation either  has  been  graduated  in  course  with  a  den- 
tal degree  from  a  registered  dental  school,  or  else, 
having  been  graduated  in  course  from  a  registered 
medical  school  with  a  degree  of  doctor  of  medicine,  has 
pursued  thereafter  a  course  of  special  study  of  den- 
tistry for  at  least  two  years  in  a  registered  dental 
school  and  received  therefrom  its  degree  of  doctor  of 
dental  surgery,  or  else  holds  a  diploma  or  license  con- 
ferring full  right  to  practice  dentistry  in  some  other  of 
the  United  States  or  in  some  foreign  country  and 
granted  by  some  licensing  board,  college,  school  or  uni- 
versity registered  by  the  regents  as  maintaining  an 
educational  standard  equal  to  that  required  of  dental 
colleges  of  this  state,  or  else  has  lawfully  practiced  den- 
tistry for  more  than  twenty-five  years  without  this 
state  and  within  the  United  States;  but  the  exami- 
nation for  those  who  have  lawfully  practiced  for 
twenty-five  years  in  other  states  shall  be  a  practical 
examination  only.  The  regents  may  also  in  their  dis- 
cretion on  or  after  June  first,  nineteen  hundred  and 
sixteen,  admit  conditionally  to  the  examination  in  anat- 
omy, physiology,  chemistry  and  metallurgy  and  his- 
tology, applicants  twenty  years  of  age  certified  as  hav- 
ing studied  dentistry  not  less  than  two  years,  includ- 
ing two  satisfactory  courses  in  two  different  calendar 
years,  in  a  dental  school  registered  as  maintaining  at 
the  time  a  satisfactory  standard,  provided  that  such 
applicants  meet  the  second  and  third  requirements  of 
candidates  for  examination.  If  a  candidate  fails  on 
final  examination,  he  may  have  a  second  examination 
without  fee;  but  for  every  examination  subsequent  an 
additional  fee  of  twenty-five  dollars  shall  be  required. 


Dental  Societies  and  the  Practice  of  Dentistry       119 

Any  member  of  the  board  may  inquire  of  any  appli- 
cant for  examination  concerning  his  qualifications  and 
may  take  testimony  of  any  one  in  regard  thereto,  under 
oath,  which  he  is  hereby   empowered  to   administer. 

5.  Any  dental  dispensary  or  infirmary  legally  incor- 
porated and  registered  by  the  regents,  and  maintain- 
ing a  proper  standard  and  equipment  may  establish 
for  women  students  a  course  of  study  in  oral  hygiene. 
all  such  students  upon  entrance  shall  present  evidence 
of  attendance  of  one  year  in  the  high  school,  and  may 
be  graduated  in  one  year  as  dental  hygienists,  upon 
complying  with  the  preliminary  requirements  to  exam- 
ination by  the  board,  which  are: 

A.  A  fee  of  five  dollars. 

B.  Evidence  that  they  are  at  least  twenty  years  of 
age  and  of  good  moral  character. 

C.  That  they  have  complied  with  and  fulfilled  the 
preliminary  and  professional  requirements  and  the  re- 
quirements of  the  statute. 

After  having  satisfactorily  passed  such  examination 
they  shall  be  registered  and  licensed  as  dental  hygien- 
ists by  the  regents  under  such  rules  as  the  regents  shall 
prescribe. 

6.  Any  licensed  dentist,  public  institution  or  school 
authorities  may  employ  such  licensed  and  registered 
dental  hygienists.  Such  dental  hygienists  may  remove 
lime  deposits,  accretions  and  stains  from  the  exposed 
surfaces  of  the  teeth,  but  shall  not  perform  any  other 
operation  on  the  teeth  or  tissues  of  the  mouth.  They 
may  operate  in  the  office  of  any  licensed  dentist,  or 
in  any  public  institution  or  in  the  schools  under  the 
general  direction  or  supervision  of  a  licensed  dentist, 
but  nothing  herein  shall  be  construed  as  authorizing 
any  dental  hygienist  performing  any  operation  in  the 
mouth  without  supervision.  The  regents  may  revoke 
the  license  of  any  licensed  dentist  who  shall  permit  any 
dental    hygienist    operating    under    his    supervision    to 


120  The  Public  Health  Law 

perform  any  operation  other  than  that  permitted  under 
the  provisions  of  this  section,  and  they  may  also  re- 
voke the  license  of  any  dental  hygienist  violating  the 
provisions  of  this  act.  (Am'd  by  L.  1911,  ch.  786  and 
L.  1916,  ch.  129,  in  effect  Sept.  1,  1916.) 

§  197.  Degrees.  No  degree  in  dentistry  shall  be 
conferred  in  this  state  except  the  degree  of  doctor  of 
dental  surgery.  Said  degree  shall  not  be  conferred 
upon  any  one  unless  he  shall  after  January  first,  nine- 
teen hundred  and  twenty-one,  have  satisfactorily  com- 
pleted a  course  of  at  least  four  years  in  a  registered 
dental  school,  and  prior  to  that  date  a  course  of  at 
least  three  years,  or  having  been  graduated  in  course 
from  a  registered  medical  school  with  the  degree  of 
doctor  of  medicine  shall  have  pursued  satisfactorily 
thereafter  a  course  of  special  study  of  dentistry  for  at 
least  two  years  in  a  registered  dental  school;  nor  shall 
said  degree  be  conferred  upon  any  one  matriculating 
after  January  first,  nineteen  hundred  and  sixteen,  unless 
prior  to  matriculation  in  the  institution  conferring 
this  professional  education,  he  shall  have  filed  a  re- 
gents' certificate  that  he  had  the  minimum  education 
required  by  the  regents;  provided,  further,  however, 
that  the  regents  may  confer  upon  all  persons  who  shall 
have  received  the  degree  of  master  of  dental  surgery 
under  the  laws  of  this  state,  prior  to  March  twenty- 
eighth,  nineteen  hundred  and  one,  the  degree  of  doc- 
tor of  dental  surgery  in  lieu  of  said  master's  degree. 
(Am'd  by  L.  1916,  ch.  129,  in  effect  Sept.  1,  1916.) 

§  198.  Licenses.  1.  On  certification  by  the  board  of 
dental  examiners  that  a  candidate  has  successfully 
passed  its  examinations  and  is  competent  to  practice 
dentistry,  the  regents  shall  issue  to  him  their  license 
so  to  practice  pursuant  to  the  rules  established  by 
them.  On  the  recommendation  of  the  board,  the  re- 
gents may  also,  without  the  examination  hereinbefore 


Dental  Societies  and  the  Practice  of  Dentistry      121 

provided  for,  issue  their  license  to  any  applicant  there- 
for who  shall  furnish  proof  satisfactory  to  them  that 
he  has  been  duly  graduated  from  a  registered  dental 
school  and  has  been  thereafter  lawfully  and  reputably 
engaged  in  such  practice  for  six  years  next  preceding  his 
application;  or  who  holds  a  license  to  practice  dentis- 
try in  any  other  state  of  the  United  States  granted 
by  a  state  board  of  dental  examiners,  indorsed  by  the 
dental  society  of  the  state  of  New  York,  provided, 
that  in  either  case  his  preliminary  and  professional 
education  shall  have  been  not  less  than  required  in 
this  state.  Every  license  so  issued  shall  state  on  its 
face  the  grounds  on  which  it  is  granted  and  the  appli- 
cant may  be  required  to  furnish  his  proof  on  affidavit. 

2.  Upon  recommendation  of  the  board,  the  regents 
may  issue  a  permit  to  graduates  from  the  dental 
colleges  of  this  state  to  be  employed  in  registered 
dental  dispensaries,  infirmaries  and  public  institutions 
while  under  the  direction  or  supervision  of  a 
licensed  dentist  in  the  interim  between  graduation  and 
one  year  thereafter.  This  permit  may  -be  revoked  for 
cause.  No  such  permit  shall  be  issued  except  such 
graduate  has  definite  offer  of  a  position  in  such  dental 
dispensaries,  infirmaries  or  public  institutions.  (Am'd 
by  L.  1916,  ch.  129,  in  effect  Sept  1,  1916.) 

§  199.  1.  Registration.  Every  person  practicing  den- 
tistry in  this  state  and  not  lawfully  registered  before 
April  seventeenth,  eighteen  hundred  and  ninety- six,  shall 
register  in  the  office  of  the  clerk  of  the  county  where 
his  place  of  business  is  located,  in  a  book  kept  by  the 
clerk  for  such  purpose,  his  name,  age,  office  and  post- 
office  address,  date  and  number  of  his  license  to  practice 
dentistry  and  the  date  of  such  registration,  which  regis- 
tration he  shall  be  entitled  to  make  only  upon  showing 
to  the  county  clerk  his  license  or  a  duly  authenticated 


122  The  Pltblic  Health  Law 

copy  thereof,  and  making  an  affidavit  stating  name,  age, 
birthplace,  the  number  of  his  license  and  the  date  of  its 
issue;  that  he  is  the  identical  person  named  in  the 
license;  that  before  receiving  the  same  he  complied  with 
all  the  preliminary  requirements  of  this  article  and  the 
rules  of  the  regents  and  board  as  to  the  terms  and  the 
amount  or  study  and  examination;  that  no  money, 
other  than  the  fees  prescribed  by  this  article  and  said 
rules,  Mas  paid  directly  or  indirectly  for  such  license; 
and  that  no  fraud,  misrepresentation  or  mistake  in  a 
material  regard  was  employed  or  occurred  in  order  that 
such  license  should  be  conferred.  The  county  clerk  shall 
preserve  such  affidavit  in  a  bound  volume  and  shall  issue 
to  every  licentiate  duly  registering  and  making  such 
affidavit,  a  certificate  of  registration  in  his  county, 
which  shall  include  a  transcript  of  the  registration. 
Such  transcript  and  the  license  may  be  offered  as  pre- 
sumptive evidence  in  all  courts  of  the  facts  stated 
therein.  The  county  clerk's  fee  for  taking  such  regis- 
tration and  affidavit  and  issuing  such  certificate,  shall 
be  one  dollar.  Any  person  who  having  lawfully  regis- 
tered as  aforesaid  shall  thereafter  change  his  name  in 
any  lawful  manner  shall  register  the  new  name  with 
marginal  note  of  the  former  name;  and  shall  note  upon 
the  margin  of  the  former  registration  the  fact  of  such 
change  and  a  cross  reference  to  the  new  registration.  A 
county  clerk  who  knowingly  shall  make  or  suffer  to  be 
made  upon  the  book  of  registry  of  dentists  kept  in  his 
office  any  other  entry  than  is  provided  for  in  this 
article  shall  be  liable  to  a  penalty  of  fifty  dollars  to  be 
recovered  by  the  State  Dental  Society  in  a  suit  in  any 
court   having   jurisdiction. 

2.  A  county  clerk  having  properly  issued  a  certificate 
of  registration  to  a  licensed  dentist,  shall  forward  a 
duly  attested  copy  of  the  same,  and  a  copy  of  the 
affidavit  and  evidence  upon  which  said  certificate  was 
issued  to  the  secretary  of  the  board  within  thirty  days 


Dental  Societies  and  the  Practice  of  Dentistry      123 

of  such  initial  registration  of  a  duly  licensed  dentist. 
On  or  before  the  first  day  of  May  of  each  year  the 
secretary  of  the  board  shall  mail  to  every  dentist  regis- 
tered in  the  state  of  New  York  a  blank  application  for 
re-registration,  addressing  the  same  in  accordance  with 
the  post-office  address  given  at  the  last  previous 
registration.  Upon  receipt  of  such  application  blank, 
which  shall  contain  space  for  the  insertion  of  his 
name,  office  and  post-office  address,  date  and  num- 
ber of  his  license,  and  such  other  information  as 
the  regents  deem  necessary;  and  he  shall  sign  and 
swear  to  the  accuracy  of  the  same  before  a  notary 
public,  after  which  he  shall  forward  this  sworn 
statement  and  application  for  renewal  of  his  regis- 
tration certificate  to  the  secretary  of  the  board 
together  with  the  fee  of  two  dollars.  Upon  receipt  of 
such  application  and  fee,  and  having  verified  the  accu- 
racy of  the  same  by  comparison  with  the  applicant's 
initial  registration  statements  the  secretary  of  the  board 
shall  issue  a  certificate  of  registration  which  shall  render 
the  holder  thereof  a  legal  practitioner  of  dentistry  for 
the  ensuing  year.  These  certificates  of  registration 
shall  all  bear  date  of  September  first  of  the  year  of 
issue,  and  shall  expire  on  the  thirty-first  day  of  August 
in  the  year  following.  Applications  for  renewal  of  regis- 
tration therefore  must  be  made  on  or  before  the  first 
day  of  September  of  each  year,  and  if  not  so  made  an 
additional  fee  of  one  dollar  for  each  thirty  days  of 
delay  beyond  the  first  day  of  September  and  up  to  the 
first  day  of  January,  shall  be  added  to  the  regular  fee. 
On  the  first  day  of  January  of  each  year,  or  within  ten 
days  thereafter,  the  secretary  of  the  board  shall  pub- 
lish and  mail  to  every  registered  dentist  in  the  state  of 
New  York  a  printed  copy  of  the  dental  law  and  a 
printed  list  of  the  legally  registered  dentists  within  the 
state,  and  each  such  published  list  shall  contain  at 
the  beginning  thereof  these  words :  "  Each  registered 
dentist  receiving  this  list  is  requested  to  report  to  the 


124  The  Public  Health  Law 

secretary  of  the  board  the  name*  and  addresses  of  any 
dentists  known  to  be  practicing  dentistry,  whose  names 
do  not  appear  in  this  registry.  The  names  of  persons 
giving  such  information  shall  not  be  divulged.''  Should 
any  dentist  continue  to  practice  dentistry  beyond  the 
first  day  of  January,  despite  the  fact  that  his  name 
does  not  appear  in  the  registry,  he  shall  be  counted  as 
an  illegal  practitioner,  and  his  license  may  be  suspended 
or  revoked  by  the  regents,  in  accordance  with  the  pro- 
visions of  section  two  hundred  and  one.  All  practi- 
tioners of  dentistry  already  registered  in  this  state  at 
the  time  of  the  passage  of  this  act,  shall  make  applica- 
tion to  the  secretary  of  the  board  for  the  re-registra- 
tion blank  upon  receipt  of  which  he  shall,  in  like  man- 
ner already  described,  make  application  for  re-registra- 
tion, fowarding  to  the  secretary  of  the  board  the  re- 
registration  blank  properly  filled  in  and  accompanied 
by  the  fee  of  two  dollars.  Said  application  and  fee 
must  reach  the  secretary  on  or  before  the  first  day  of 
December  following  the  adoption  of  thfe  statute;  fail- 
ing which  the  delinquent  shall  be  dealt  with  as  outlined 
in  section  two  hundred  and  one.  (Am'd  by  L.  1915,  ch. 
54  and  L.  1916,  ch.  129,  in  effect  Sept  1,  1916.) 

§  200.  Examination  fees;  expenses.  Every  applicant 
for  license  to  practice  dentistry  shall  pay  a  fee  of  not 
more  than  twenty-five  dollars.  All  fees,  fines,  penalties 
and  other  moneys  derived  from  the  operation  of  this 
article  shall  be  applied  by  the  regents  in  the  payment 
of  all  proper  expenses  incurred  by  them  under  its  pro- 
visions, including  the  salary  and  expenses  of  the  secre- 
tary of  the  board,  the  compensation  and  expenses  of 
the  members  of  such  board,  and  all  other  expenses  per- 
taining to  the  enforcement  of  the  provisions  of  this  arti- 
cle. ATI  expenses  of  the  state  dental  society  incurred 
by   them  in  the  prosecution  of  illegal  practitioners  of 

*  So  in   original. 


Dental  Societies  and  the  Practice  of  Dentistry      125 

dentistry  shall  be  paid  out  of  the  first  year's  receipts, 
upon  the  indorsement  of  the  auditing  committee  of 
the  state  dental  society.  (Anfd  by  L.  1916,  ch.  129,  in 
effect  Sept  1,  1916.) 

§  201.  Revocation  of  licenses.  1.  If  any  practitioner 
of  dentistry  should  fail  to  register  in  time  for  the  ap- 
pearance of  his  name  in  the  published  list  of  registered 
dentists,  in  accordance  with  the  provisions  of  section 
one  hundred  and  ninety-nine  the  regents  shall  notify 
said  delinquent  to  appear  before  them  at  an  appointed 
time  and  place,  and  if  his  explanation  of  his  failure  to 
have  registered  shall  be  satisfactory  to  the  regents,  he 
may  be  reinstated  and  his  name  added  to  the  registry; 
and  the  regents  may  also  at  their  option  remit  the 
additional  fees  accruing  because  of  delay  in  registering. 
But  should  the  delinquent's  explanation  prove  unsatis- 
factory, the  regents  may  suspend  the  person  from  the 
practice  of  dentistry  for  a  limited  season;  or  the  re- 
gents  may   revoke   the  person's   license. 

2.  If  any  practitioner  of  dentistry  be  charged  under 
oath  before  the  board,  with  unprofessional  or  immoral 
conduct,  or  with  gross  ignorance,  or  inefficiency  in  his 
profession,  or  with  fraud  or  deceit  in  procuring  admis- 
sion to  practice,  the  board  shall  notify  him  to  appear 
befcro  a  committee  of  three  of  the  board  at  an  ap- 
pointed time  and  place,  with  counsel,  if  he  so  desires, 
to  answer  said  charges,  furnishing  to  him  a  copy  there- 
of. Upon  the  report  of  the  board  to  the  regents  that 
the  accused  has  been  guilty  of  unprofessional  or  im- 
moral conduct,  or  that  he  is  grossly  ignorant  or  in- 
efficient in  his  profession,  or  of  fraud  or  deceit  in  pro- 
curing admission  to  practice,  the  regents  may,  without 
further  hearing,  suspend  the  person  so  charged  from 
the  practice  of  dentistry  for  a  limited  season,  or  may 
revoke  his  license.  Upon  the  revocation  of  any  license, 
the  fact  shall  be  noted  upon  the  records  of  the  regents 


126  The  Public  Health  Law 

and  the  license  shall  be  marked  as  canceled,  of  the  date 
of  its  revocation.  Upon  presentation  of  a  certificate 
of  such  cancellation  to  the  clerk  of  any  county  wherein 
the  licentiate  may  be  registered,  said  clerk  shall  note 
the  date  of  the  cancellation  on  the  register  of  dentists 
and  cancel  the  registration.  A  conviction  of  felony 
shall  forfeit  a  license  to  practice  dentistry,  and  upon 
presentation  to  the  regents  or  a  county  clerk  by  any 
public  officer  or  officer  of  a  dental  society  of  a  certi- 
fied copy  of  a  court  record  showing  that  a  practitioner 
of  dentistry  has  been  convicted  of  felony,  that  fact 
shall  be  noted  on  the  record  of  license  and  clerk's  reg- 
ister, and  the  license  and  registration  shall  be  marked 
"  canceled."  Any  person  who,  after  conviction  of  a 
felony  shall  practice  dentistry  in  this  state,  shall  be 
subject  to  all  the  penalties  prescribed  for  the  unlicensed 
practice  of  dentistry,  providing  that  if  such  conviction 
be  subsequently  reversed  upon  appeal  and  the  accused 
acquitted  or  discharged,  his  license  shall  become  again 
operative  from  the  date  of  such  acquittal  or  discharge. 
(Am'd  by  L.  1916,  ch.  129,  in  effect  Sept  1,  1916.) 

§  202.  Construction  of  this  article.  This  article  shall 
not  be  construed  to  prohibit  an  unlicensed  person  from 
performing  merely  mechanical  work  upon  inert  matter 
in  a  dental  office  or  laboratory;  or  a  student  in  an 
incorporated  dental  school  or  college,  registered  by  the 
regents,  from  performing  operations  for  purposes  of 
clinical  study  under  the  supervision  and  instruction 
of  preceptors;  or  a  duly  licensed  physician  from  treat- 
ing diseases  of  the  mouth  or  performing  operations  in 
oral  surgery.  But  nothing  in  this  article  shall  be  con- 
strued to  permit  the  performance  of  independent  dental 
operations  by  an  unlicensed  person  under  cover  of  the 
name  of  a  registered  practitioner  or  in  his  office. 
(Am'd  L.  1916,  ch.  129,  in  effect  Sept.  1,  1916.) 

§   203.   Penalties  and   their   collection.      A.  A  person 


Dental  Societies  and  the  Practice  of  Dentistry      127 

who,  in  any  comity  of  this  state,  practices  dentistry, 
not  being  at  the  time  of  said  practice  a  dentist  licensed 
to  practice  as  such  in  this  state  and  registered  in  the 
office  of  the  clerk  of  such  county,  pursuant  to  the  gen- 
eral laws  regulating  the  practice  of  dentistry,  is  guilty 
of  a  misdemeanor  and  punishable  upon  conviction  of  a 
first  offense  by  a  fine  of  not  less  than  fifty  dollars 
and  upon  conviction  of  a  subsequent  offense  by  a  fine 
not  less  than  one  hundred  dollars,  or  by  imprisonment 
for  not  less  than  two  months,  or  by  both  such  fine  and 
imprisonment.  Any  violation  of  this  section  by  a  per- 
son theretofore  convicted  under  the  then  existing  laws 
of  this  state  of  practicing  dentistry  without  license  or 
registration,  shall  be  included  in  the  term  "  a  subsequent 
offense."  Every  conviction  of  unlawful  practice  subse- 
quent to  a  first  conviction  thereof  shall  be  a  conviction 
of  a  second  offense.  Every  practitioner  of  dentistry 
must  display  conspicuously  upon  the  house  or  in  the 
dental  office  wherein  he  practices,  his  full  name.  If 
there  are  more  dental  chairs  than  one  in  any  dental 
office  the  name  of  the  practitioner  practicing  at  each 
chair  must  be  displayed  conspicuously  on  or  by  said 
chair  in  plain  sight  of  the  patient.  Any  person  who 
shall  practice  dentistry  personally  or  by  hiring  or  pro- 
curing another  to  practice  and  shall  fail  so  to  display 
or  cause  to  be  displayed  the  name,  license  and  registra- 
tion certificate  of  himself  and  any  person  practicing 
or  employed  to  practice  as  a  dentist  or  dental  hygienist 
in  his  dental  office  or  any  dental  office  under  his  con- 
trol, shall  be  guilty  of  a  misdemeanor  and  punishable 
upon  a  first  conviction  by  a  fine  of  not  less  than  fifty 
dollars  or  more  than  five  hundred  dollars  or  by  im- 
prisonment for  not  more  than  one  year,  and  upon  every 
subsequent  conviction  by  a  fine  of  not  less  than  one  hun- 
dred dollars,  or  by  imprisonment  for  not  less  than 
sixty  days,  or  by  both  fine  and  imprisonment.  Any 
person  who  shall  employ,  hire,  procure,   or  induce  or 


128  The  Public  Health  Law 

who  is  not  duly  licensed  and  registered  as  a  dentist  to 
practice  dentistry,  or  shall  aid  or  abet  one  not  so 
licensed  and  registered  in  such  practice  shall  be  guilty 
of  a  misdemeanor  and  punishable  by  a  fine  of  not  less 
than  fifty  dollars  or  more  than  five  hundred  dollars, 
or  by  imprisonment  for  not  more  than  a  year,  or  by 
both  such  fine  and  imprisonment;  providing  that  a 
person  practiced  upon  by  an  unlicensed  or  unregistered 
dentist  shall  not  be  deemed  an  accomplice,  employer, 
hirer,  procurer,  inducer,  aider,  or  abettor  within  the 
meaning  of  this  section. 

B.  A  person  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  every  conviction  thereof  shall  be  punished 
by  a  fine  of  not  less  than  two  hundred  and  fifty  dollars, 
or  by  imprisonment  for  not  less  than  six  months,  or 
by  both   fine   and   imprisonment,   who 

1.  Shall  sell  or  barter  or  offer  to  sell  or  barter,  or, 
not  being  lawfully  authorized  so  to  do,  shall  issue  or 
confer  or  offer  to  issue  or  confer  any  dental  degree, 
license  or  any  diploma  or  document  conferring  or  pur- 
porting to  confer  any  dental  degree  or  license  or  any 
certificate  or  transcript  made  or  purporting  to  be  made 
pursuant  to  the  laws  regulating  the  license  and  regis- 
tration of   dentists;    or 

2.  Shall  purchase  or  procure  by  barter  any  diploma, 
certificate  or  transcript,  with  intent  that  the  same 
shall  be  used  as  evidence  of  the  qualifications  to  prac- 
tice dentistry  of  any  person  other  than  the  one  upon 
or  to  whom  it  was  lawfully  conferred  or  issued  or  in 
fraud  of  the  laws  regulating  such  practice:   or, 

3.  Shall  use  or  attempt  to  use  any  diploma,  certifi- 
cate or  transcript  which  has  been  purchased,  fraudu- 
lently issued,  counterfeited  or  materially  altered  cither 
as  a  license  or  color  of  license  to  practice  dentistry  or 
in  order  to  procure  registration  as  a  dentist:   or, 

4.  Shall  practice  dentistry  under  a  false  or  assumed 
name  or  under   the   license   of  registration   of  another 


Dental  Societies  and  the  Practice  of  Dentistry      129 

person  of  the  same  name  or  under  the  name  of  a  cor- 
poration, company,  association,  parlor  or  trade  name; 
provided  that  legally  incorporated  dental  corporations 
existing  and  in  operation  prior  to  January  first,  nine- 
teen hundred  and  sixteen,  may  continue  so  operating 
while  conforming  to  the  provisions  of  this  act.  Their 
advertising  subject  to  the  rules  of  the  regents,  and 
employees  of  said  corporations  shall  be  licensed  and 
registered  dentists,  and  corporations  that  cease  to  exist 
or  operate  for  any  reason  whatsoever  shall  not  be  per- 
mitted to  resume  operation;   or, 

5.  Shall  assume  the  degree  of  bachelor  of  dental  surg- 
ery, doctor  of  dental  surgery,  or  master  of  dental  surg- 
ery, or  shall  append  the  letters  B.D.S.,  D.D.S.,  M.D.S., 
D.  M.  D.,  to  his  name,  or  make  use  of  the  same  or  shall 
prefix  to  his  name  the  title  doctor  or  any  abbreviation 
thereof,  not  having  had  duly  conferred  upon  him  by 
diploma  from  some  college,  school  or  board  of  examin- 
ers legally  empowered  to  confer  the  same,  the  right  to 
assume  said  titles;  or  shall  assume  any  title  or  append 
or  prefix  any  letters  to  his  name  with  the  intent  to 
represent  falsely  that  he  has  received  a  medical  or 
dental  degree  or  license;  or  shall  represent  that,  not 
having  been  licensed  to  practice  dentistry  under  the 
laws  of  this  state,  he  is  entitled  so  to  practice;  pro- 
vided that  any  licentiate  may  use  the  prefix  to  his  name 
of  "  doctor  "  or  "Dr.";   or, 

6.  Shall  falsely  personate  another  at  any  examination 
held  by  the  regents  or  by  the  board,  of  the  preliminary 
or  professional  education  of  candidates  for  dental  stu- 
dent's certificates,  dental  degrees  or  licenses,  or  who 
shall  induce  another  to  make  or  aid  and  abet  in  the 
making  of  such  false  personation,  or  who  shall  know- 
ingly avail  himself  of  the  benefit  of  such  false  per- 
sonation, or  who  shall  knowingly  or  negligently  make 
or    induce     another    to    make    falsely    any    certificate 

5 


130  The  Public  Health  Law 

required   by   the   regents   or   board    in   connection   with 
their  examinations. 

C.  Any  person  who  in  any  affidavit  or  examination 
required  of  an  applicant  for  examination,  license  or 
registration  under  the  laws  regulating  the  practice  of 
dentistry,  or  under  the  laws,  ordinances  or  regulation 
governing  the  regents'  examinations  of  the  preliminary 
education  required  for  a  dental  student's  certificate 
shall  make  wilfully  a  false  statement  in  a  material 
regard  shall  be  guilty  of  perjury,  and  punishable  upon 
conviction  thereof  by  imprisonment  not  exceeding  ten 
years. 

D.  All  courts  of  special  sessions  and  police  justices 
sitting  as  courts  of  special  sessions  shall  have  juris- 
diction in  the  first  instance  to  hear  and  determine  all 
charges  of  misdemeanors  mentioned  in  this  article  com- 
mitted within  their  local  jurisdiction,  and  to  impose  all 
the  penalties  provided  for  such  misdemeanors;  a  judg- 
ment that  the  defendant  pay  a  fine  shall  also  direct 
that  he  be  imprisoned  until  the  fine  be  paid,  specifying 
the  extent  of  the  imprisonment,  which  cannot  exceed 
one  day  for  every  dollar  of  the  fine  imposed;  provided, 
however,  that  the  power  of  said  courts  and  justices 
to  hear  and  determine  such  charges  shall  be  divested, 
if  before  the  commencement  of  a  trial  before  such  court 
or  justice,  a  grand  jury  shall  present  an  indictment 
against  the  accused  person  for  the  same  offense,  or  if 
a  justice  of  the  supreme  court  or  a  county  judge  of 
the  county  shall  grant  a  certificate  in  the  manner  pro- 
vided by  law  in  cases  of  misdemeanor,  that  it  is  rea- 
sonable that  such  charge  be  prosecuted  by  indictment. 
Any  misdemeanor  mentioned  in  this  article  for  which 
a  punishment  is  not  specifically  imposed  shall  be  pun- 
ished by  a  fine  of  not  more  than  five  hundred  dollars 
or  by  imprisonment  for  not  more  than  one  year,  or  by  I 
both  fine  and  imprisonment.  All  prosecutions  under 
this  act  shall  be  by  the  attorney-general  in  the  name 
of  the  people  of  the  state  and  all  fines  may  be  paid  to  j 


Veterinary  Medicine  and  Surgery  131 

the  board  or  sued  for  and  recovered  in  the  name  of  the 
people  of  the  state  in  an  action  brought  therefor  by 
the  attorney-general. 

E.  All  violations  of  this  act  when  reported  to  the 
regents  and  duly  substantiated  by  affidavits  or  other 
satisfactory  evidence  shall  be  investigated  and  if  the 
report  is  found  to  be  true  and  the  evidence  substanti- 
ated the  regents  shall  report  such  violations  to  the  attor- 
ney-general and  request  prompt  prosecution.  The  re- 
gents may  appoint  such  inspectors  as  are  necessary  to 
be  paid  from  the  funds  received  under  this  act  at  such 
salaries  as  they  may  determine  for  the  purpose  of  the 
investigation  of  such  violations.  (Am'd  by  L.  1916,  ch. 
129,  in  effect  Sept.  1,  1916.) 

ARTICLE  X. 

Veterinary  Medicine  and  Surgery. 

Section  210.  Definitions. 

211.  Qualifications  for  practice. 

212.  State    board   of   veterinary   medical   exam- 

iners. 
.  213.  Certificate   of   appointment;    oath;    powers. 

214.  Expenses. 

215.  Officers;   meetings;   quorum;   committees. 

216.  Admission  to  examination. 

217.  Questions. 

218.  Examinations  and  reports. 

219.  Licenses. 

220.  Registry. 

221.  Registration  in  another  county. 

222.  Certificate  presumptive  evidence;  unauthor- 

ized registration  and  license  prohibited. 

223.  Construction  of  this  article. 

224.  Penalties  and  their  collection. 

§  210.  Definitions.     As  used  in  this  article: 
1.  "University  "  means  university  of  the  state  of  New 
York. 


132  The  Tublic  Health  Law 

2.  "  Regents  "  means  board  of  regents  of  the  uni- 
versity of  the  state  of  New  York. 

3.  "  Board  "  means  a  board  of  veterinary  medical  ex- 
aminers of  the  state  of  New  York. 

4.  "  Veterinary  medical  examiner  "  means  a  member 
of  a  board  of  veterinary  medical  examiners  of  the  state 
of  NeW  York. 

5.  "  Veterinary  school "  means  any  veterinary  school, 
college  or  department  of  a  university,  registered  by  the 
regents  as  maintaining  a  proper  veterinary  medical 
standard  and  as  legally  incorporated. 

6.  "  Veterinary  medicine  "  means  veterinary  medicine 
and  surgery,  or  any  branch  thereof. 

7.  "  Veterinarian "  means  veterinary  physician  and 
surgeon. 

§  211.  Qualifications  for  practice.  Xo  person  shall 
practice  veterinary  medicine  after  July  first,  eighteen 
hundred  and  ninety-five,  unless  previously  registered  and 
legally  authorized,  unless  licensed  by  the  regents  and 
registered  as  required  by  this  article;  nor  shall  any 
person  practice  veterinary  medicine  who  has  ever  been 
convicted  of  a  felony  by  any  court,  or  whose  authority 
to  practice  is  suspended  or  revoked  by  the  regents 
on  recommendation  of  the  state  board.  Any  per- 
son, a  citizen  of  the  United  States  and  of  the  state 
of  New  York,  who  matriculated  in  a  reputable  veteri- 
nary medical  school  prior  to  January  first,  eighteen 
hundred  and  ninety-five,  and  who  received  his  degree 
therefrom  prior  to  January  first,  eighteen  hundred  and 
ninety-seven,  or  any  person  who  was  engaged  in  the 
practice  of  veterinary  medicine  prior  to  the  year  eigh- 
teen hundred  and  eighty-six,  shall  be  admitted  to  the 
veterinary  examination  for  license  to  practice,  as  con- 
ducted by  the  regents  of  the  university  of  the  state  of 
New  York. 

§  212.  State  board  of  veterinary  medical  examiners. 
There  shall  be  a  board  of  veterinary  medical  examiners 


Veterinary  Medicine  and  Surgery  13.3 

of  five  members,  each  of  whom  shall  hold  office  for  five 
years  from  August  first  of  the  year  in  which  ap- 
pointed. Beginning  with  August  first,  nineteen  hun- 
dred and  fifteen,  the  board  shall  be  so  appointed  that 
the  term  of  one  member  shall  expire  each  year.  The 
New  York  state  veterinary  medical  society  shall  at 
each  annual  meeting  nominate  five  examiners.  The 
names  of  such  nominees  shall  be  annually  trans- 
mitted under  seal  by  the  president  and  secretary  prior 
to  May  first,  to  the  regents  who  shall,  prior  to  August 
first,  appoint  from  such  lists  the  examiners  required  to 
fill  any  vacancies  that  will  occur  from  expiration  of 
term  on  July  thirty-first.  Any  other  vacancy,  however 
occurring,  shall  likewise  be  filled  by  the  regents  for  the 
unexpired  term.  Each  nominee  before  appointment 
shall  furnish  to  the  regents  proof  that  he  has  received 
a  degree  in  veterinary  medicine  from  a  registered  veteri- 
nary medical  school  and  that  he  has  legally  practiced 
veterinary  medicine  in  this  state  for  at  least  five  years. 
If  no  nominees  are  legally  before  them  from  the  society, 
the  regents  may  appoint  from  members  in  good  standing 
in  the  veterinary  profession  without  restriction.  The 
regents  may  remove  any  examiner  for  misconduct,  inca- 
pacity or  neglect  of  duty.  (Am'd  by  L.  1915,  ch.  381, 
in    effect   April    26,    1915.) 

§  213.  Certificate  of  appointment;  oath;  powers. 
Every  veterinary  medical  examiner  shall  receive  a  cer- 
tificate of  appointment  from  the  regents,  and  before 
beginning  his  term  of  office  shall  file  with  the  secretary 
of  state  the  constitutional  oath  of  office.  The  board, 
or  any  committee  thereof,  may  take  testimony  and 
proofs  concerning  all  matters  within  its  jurisdiction. 
The  board  may,  subject  to  the  regents'  approval,  make 
all  by-laws  and  rules  not  inconsistent  with  law  needed 
in  performing  its  duties,  but  no  by-laws  or  rules  by 
which  more  than  a  majority  vote  is  required  for  any 


134  The  Public  Health  Law 

specified  action  by  the  board  shall  be  amended,  sus- 
pended or  repealed  by  a  smaller  vote  than  that  required 
for  the  action  thereunder. 

§  214.  Expenses.  From  the  fees  provided  by  this  arti- 
cle the  regents  may  pay  all  proper  expenses  incurred  by 
its  provisions,  except  compensation  to  veterinary  medi- 
cal examiners,  and  any  surplus  at  the  end  of  the  aca- 
demic year  shall  be  apportioned  among  the  members  of 
the  board  pro  rata  according  to  the  number  of  candi- 
dates whose  answer  papers  have  been  marked  by  each. 

§  215.  Officers;  meetings;  quorum;  committees.  The 
board  shall  annually  elect  from  its  members  a  president 
and  secretary  for  the  academic  year,  and  shall  hold  one 
or  more  meetings  each  year  pursuant  to  the  call  of  the 
regents.  At  any  meeting  a  majority  shall  constitute  a 
quorum;  but  questions  prepared  by  the  board  may  be 
grouped  and  edited,  or  answer  papers  of  candidates  may 
be  examined  and  marked  by  committees  duly  authorized 
by  the  board  and  by  the  regents. 

§  216.  Admission  to  examination.  The  regents  shall 
admit  to  examination  any  candidate  who  pays  a  fee  of 
ten  dollars  and  submits  satisfactory  evidence,  verified 
by  oath  if  required,  that  he  (first)  is  more  than  twenty- 
one  years  of  age;  (second)  is  of  good,  moral  character; 
(third)  has  the  general  education  required  in  all  cases 
after  July  first,  eighteen  hundred  and  ninety-seven,  pre- 
liminary to  receiving  a  degree  in  veterinary  medicine; 
(fourth)  has  studied  veterinary  medicine  not  less  than 
three  full  years,  including  three  satisfactory  courses,  in 
three  different  academic  years,  in  the  veterinary  medical 
school  registered  as  maintaining  at  the  time  a  satisfac- 
tory standard;  (fifth)  has  received  a  degree  as  veteri- 
narian from  some  registered  veterinary  medical  school. 
The  degree  in  veterinary  medicine  shall  not  be  conferred 
in  this  state  before  the  candidate  has  filed  with  the 
institution  conferring  it,  the  certificate  of  the  regents 
that  three  years  before  the  date  of  the  degree,  or  before 


Veterinary  Medicine  and  Surgery  135 

or  during  his  first  year  of  veterinary  medical  study  in 
this  state,  he  has  either  graduated  from  a  registered 
college  or  satisfactorily  completed  an  academic  course  in 
a  registered  academy  or  high  school;  or  has  a  prelimi- 
nary education  considered  and  accepted  by  the  regents 
as  fully  equivalent;  or  has  passed  regents'  examina- 
tions equivalent  to  the  minimum  requirement  in  such 
preliminary  education  for  candidates  for  medical  or 
dental  degrees  in  this  state.  The  regents  may,  in  their 
discretion,  accept  as  the  equivalent  for  any  part  of  the 
third  and  fourth  requirement,  evidence  of  five  or  more 
years'  reputable  practice  in  veterinary  medicine,  pro- 
vided that  such  substitution  be  specified  in  the  license. 

§  217.  Questions.  Each  member  of  the  board  shall 
submit  to  the  regents,  as  required,  lists  of  suitable  ques- 
tions for  thorough  examination  in  comparative  anatomy, 
physiology  and  hygiene,  in  chemistry,  and  in  veterinary 
surgery,  obstetrics,  pathology  and  diagnosis  and  thera- 
peutics, including  practice  and  materia  medica.  From 
these  lists  the  regents  shall  prepare  question  papers  for 
all  these  subjects,  which  at  any  examination  shall  be 
the  same  for  all  candidates. 

§  218.  Examinations  and  reports.  Examination  for 
license  shall  be  given  in  at  least  four  convenient  places 
in  this  state  and  at  least  four  times  annually,  in  accord- 
ance with  the  regents'  rules,  and  shall  be  exclusively 
in  writing  and  in  English.  Each  examination  shall  be 
conducted  by  a  regents'  examiner,  who  shall  not  be  one 
of  the  veterinary  medical  examiners.  At  the  close  of 
each  examination,  the  regents'  examiner  in  charge  shall 
deliver  the  questions  and  answer  papers  to  the  board, 
or  to  its  duly  authorized  committee,  and  such  board, 
without  unnecessary  delay,  shall  examine  and  mark 
the  answers  and  transmit  to  the  regents  an  official 
report,  signed  by  its  president  and  secretary,  stating 
the  standing  of  each  candidate  in  each  branch,  his  gen- 
eral average  and  whether  the  board  recommends  that 


136  The  Public  Health  Law 

a  license  be  granted.  Such  report  shall  include  the 
questions  and  answers  and  shall  be  filed  in  the  public 
records  of  the  university.  If  a  candidate  fails  on  his 
first  examination,  he  may,  after  not  less  than  six 
months'  further  study,  have  a  second  examination  with- 
out fee.  If  the  failure  is  from  illness  or  other  cause 
satisfactory  to  the  regents,  they  may  waive  the  required 
six  months'  study. 

§  219.  Licenses.  On  receiving  from  the  state  board 
an  official  report  that  an  applicant  has  successfully 
passed  the  examination  and  is  recommended  for  license, 
the  regents  shall  issue  to  him  if  in  their  judgment  he 
is  duly  qualified  therefor,  a  license  to  practice  veteri- 
nary medicine.  Every  license  shall  be  issued  by  the 
university  under  seal  and  shall  be  signed  by  each  act- 
ing veterinary  medical  examiner  of  the  board  and  by 
the  officer  of  the  university  who  approved  the  credential 
which  admitted  the  candidate  to  examination,  and  shall 
state  that  the  licensee  has  given  satisfactory  evidence 
of  fitness  as  to  age,  character,  preliminary  and  vet- 
erinary medical  education  and  all  other  matters  re- 
quired by  law,  and  that  after  full  examination  he  has 
been  found  duly  qualified  to  practice.  Applicants  exam- 
ined and  licensed  before  July  first,  eighteen  hundred  and 
ninety-seven,  by  other  state  examining  boards  regis- 
tered by  the  regents  as  maintaining  standards  not 
lower  than  those  provided  by  this  article,  and  appli- 
cants who  matriculated  in  a  Xew  York  state  veterinary 
medical  school  before  July  first,  eighteen  hundred  and 
ninety-six.  and  who  received  the  veterinary  degree 
from  a  registered  veterinary  medical  school  before  July 
first,  eighteen  hundred  and  ninety- seven,  may  without 
further  examination,  on  payment  of  ten  dollars  to  the 
regents,  and  on  submitting  such  evidence  as  they  may 
require,  receive  from  them  an  indorsement  of  their 
license  or  diplomas  conferring  all  rights  and  privileges 
of  a  regents'  license  issued  after  examination.     If  any 


Veteeinaey  Medicine  and  Surgery  137 

person,  whose  registration  is  not  legal  or  who  is  not 
registered,  because  of  some  error,  misunderstanding  or 
unintentional  omission,  shall  submit  to  the  state  board 
of  veterinary  medical  examiners  or  the  regents  of  the 
university  of  the  state  of  New  York,  satisfactory  proof 
that  he  had  all  requirements  prescribed  by  law  at  the 
time  required  for  registration  and  was  entitled  to  be 
legally  registered,  he  may,  on  unanimous  recommenda- 
tion of  the  state  board  of  verterinary  medical  examin- 
ers, or  by  action  of  the  board  of  regents,  receive  from 
the  regents  under  seal  a  certificate  of  the  facts  which 
may  be  registered  by  any  county  clerk  and  shall  make 
valid  the  previous  imperfect  registration,  and  such  cer- 
tificate shall  include  the  date  on  which  such  person 
could  or  should  have  registered,  and  his  registration 
shall  be  deemed  to  have  been  valid  and  corrected  from 
that  date.  And  any  veterinary  practitioner  in  any 
county  of  this  state  who  was  registered  in  the  county 
clerk's  office  between  July  first,  eighteen  hundred  and 
ninety-five,  and  July  first,  nineteen  hundred  and  fifteen, 
may,  upon  satisfactory  evidence  of  such  registration 
and  of  qualification  to  practice,  and  upon  written  appli- 
cation, receive  from  the  board  of  regents  a  certificate 
of  facts  which  may  be  registered  in  the  office  of  the 
county  clerk  where  such  practitioner  was  registered, 
and  thus  make  valid  his  previous  imperfect  registration. 
Before  any  license  is  issued  it  shall  be  numbered  and 
recorded  in  a  book  kept  in  the  regents'  office  and  its 
number  shall  be  noted  in  the  license.  This  record  shall 
be  open  to  public  inspection,  and  in  all  legal  proceed- 
ings shall  have  the  same  weight  as  evidence  that  is 
given  to  a  record  of  conveyance  of  land.  (Am'd  by  L. 
1916,  ch.  505,  in  effect  May  10,  1916.) 

§  220.  Registry.  Every  license  to  practice  veterin- 
ary medicine  shall,  before  the  licensee  begins  practice 
thereunder,  be  registered  in  a  book  to  be  known  as  the 
"  Veterinary  Medical  Register,"  which  shall  be  provided 


138  The  Public  Health  Law 

by  and  kept  in  the  clerk's  office  of  the  county  where 
such  practice  is  to  be  carried  on,  with  name,  residence, 
place  and  date  of  birth,  and  source,  number  and  date 
of  his  license  to  practice.  Before  registering,  each 
licensee  shall  file,  to  be  kept  in  a  bound  volume  in  the 
county  clerk's  office,  an  affidavit  of  the  above  facts,  and 
also  that  he  is  the  person  named  in  such  license,  and 
had,  before  receiving  the  same,  complied  with  all 
requisites  as  to  attendance,  terms  and  amount  of  study 
and  examination  required  by  law  and  the  rules  of  the 
university  as  preliminary  to  the  conferment  thereof, 
and  no  money  was  paid  for  such  license,  except  the 
regular  fees,  paid  by  all  applicants  therefor;  that  no 
fraud,  misrepresentation  or  mistake  in  any  material 
regard  was  employed  by  any  one  or  incurred  in  order 
that  such  license  should  be  conferred,  and  shall  annually 
in  the  month  of  January  report,  under  oath,  to  the 
state  board  of  examiners,  any  facts  required  by  the 
board,  shall  pay  to  the  regents  a  registration  fee  of  one 
dollar,  and  shall  receive  a  certificate  of  registration  that 
must  be  conspicuously  displayed  together  with  the 
original  certificate  of  registration.  Every  license,  or 
if  lost,  a  t-'opy  thereof,  legally  certified  so  as  to  be 
admissible  as  evidence,  or  a  duly  attested  transcript 
of  the  record  of  its  conferment,  shall,  before  registering, 
be  exhibited  to  the  county  clerk,  who,  only  in  case  it 
was  issued  or  indorsed  as  a  license  under  seal  by  the 
regents,  shall  indorse  or  stamp  on  it  the  date  and  his 
name  preceded  by  the  words,  "  Registered  as  authority 
to  practice  veterinary  medicine,  in  the  clerk's  office  of 

county."     The  clerk  shall  thereupon  give  to 

every  veterinarian  so  registered  a  transcript  of  the 
entries  in  the  register,  with  a  certificate  under  seal 
that  he  has  filed  the  prescribed  affidavit.  The  licensee 
shall  pay  to  the  county  clerk  a  total  fee  of  one  dollar 
for  registration,  affidavit  and  certificate.  (Am'd  by  L. 
1915,  ch.  381,  in  effect  April  26,  1915.) 


Veterinary  Medicine  and  Surgery  139 

§  221.  Registration  in  another  county.  A  practicing 
veterinarian  having-  registered  a  lawful  authority  to 
practice  veterinary  medicine  in  one  county,  and  remov- 
ing such  practice  or  part  thereof  to  another  county, 
or  regularly  engaging  in  practice  or  opening  an  office 
in  another  county,  or  shall  have  his  office,  practice  or 
any  part  thereof  removed  from  one  county  to  another 
by  an  act  of  legislature  creating  a  new  county  from  a 
then  existing  county,  thereby  causing  his  office  or  prac- 
tice to  be  situated  in  a  new  county,  shall  show  or  send 
by  registered  mail  to  the  clerk  of  such  other  or  new 
county,  his  certificate  of  registration.  If  such  certifi- 
cate clearly  shows  that  the  original  registration  was 
of  an  authority  issued  under  seal  by  the  regents,  or 
if  the  certificate  itself  is  indorsed  by  the  regents  as> 
entitled  to  registration,  the  clerk  shall  thereupon  reg- 
ister the  applicant  in  the  latter  or  new  county,  on  re- 
ceipt of  a  fee  of  twenty-five  cents,  and  shall  stamp  or 
indorse    on    such    certificate    the    date,    and    his    name, 

preceded   by   the   words    "  registered   also   in 

county."  and  return  the  certificate  to  the  applicant. 
(Anrd  by  L.  1915,  ch.  52,  in  effect  'March  11,  1915.) 

§  222.  Certificate  presumptive  evidence;  unauthorized 
registration  and  license  *prohibitd.  Every  unrevoked 
certificate  and  indorsement  of  registry,  made  as  provided 
in  this  article,  shall  be  presumptive  evidence  in  all 
courts  and  places  that  the  person  named  therein  ia 
legally  registered.  Hereafter  no  person  shall  register 
any  authority  to  practice  veterinary  medicine  unless  it 
has  been  issued  or  indorsed  as  a  license  by  the  regents. 
No  diploma  or  license  conferred  on  a  person  not  actually 
in  attendance  at  the  lectures,  instructions  and  examina- 
tions of  the  school  conferring  the  same,  or  not  possessed 
at  the  time  of  its  conferment  of  the  requirements  then 
demanded  of  veterinary  medical  students  in  this  state 
as  a  condition  of  their  being  licensed  so  to  practice,  and 

*  So  in  original. 


140  The  Public  Health  Law 

no  registration  not  in  accordance  with  this  article  shall 
be  a  lawful  authority  to  practice  veterinary  medicine 
nor  shall  the  degree  of  doctor  of  veterinary  medicine 
be  conferred  causa  honoris  or  ad  eundem,  nor  if  pre- 
viously conferred  shall  it  be  a  qualification  for  such 
practice. 

§  223.  Construction  of  this  article.  This  article  shall 
not  be  construed  to  affect  commissioned  veterinary  medi- 
cal officers  serving  in  the  United  States  army,  or  in 
the  United  States  bureau  of  animal  industry  while  so 
commissioned;  or  any  person  for  giving  gratuitous 
services  in  case  of  emergency;  or  any  lawfully  qualified 
veterinarian  in  other  states  or  countries  meeting  legally 
registered  veterinarians  in  this  state  in  consultation; 
or  any  veterinarian  residing  on  a  border  of  a  neighbor- 
ing state  and  duly  authorized  under  thu  laws  thereof 
to  practice  veterinary  medicine  therein,  whose  practice 
extends  into  this  state,  and  who  does  not  open  an  offi"e 
or  appoint  a  place  to  meet  patients  or  receive  calls 
within  this  state;  or  any  veterinarian  duly  registered 
in  one  county  called  to  attend  isolated  cases  in  another 
county,  but  not  residing  or  habitually  practicing  therein. 
This  article  shall  be  construed  to  repeal  all  acts  or 
parts  of  acts  authorizing  conferment  of  any  degree  in 
veterinary  medicine,  causa  honoris  or  ad  eundem,  or 
otherwise,  than  on  students  duly  graduated  after  satis- 
factory completion  of  a  preliminary  and  veterinary 
medical  course,  not  less  than  that  required  by  this 
article,  as  a  condition  of  license. 

§  224.  Penalties  and  their  collection.  Every  person 
who  shall  practice  veterinary  medicine  within  this  state 
without  lawful  registration  or  in  violation  of  any  pro- 
vision of  this  article  shall  be  guilty  of  a  misdemeanor, 
and  shall  forfeit  to  the  people  of  the  state  of  New  York, 
the  sum  of  fifty  dollars  for  each  offense,  which  may  be 
paid  to  the  board  or  sued  for  and  recovered  in  the  name 
of  the  people  of  the  state'  of  New  York  in  an  action 
brought  therefor  by  the  attorney-general.     Any  person 


Pharmacy  141 

who  shall  practice  veterinary  medicine  under  a  false 
or  assumed  name  or  who  shall  falsely  personate  another 
practitioner  of  a  like  or  different  name,  shall  be  guilty 
of  a  felony;  and  any  person  guilty  of  violating  any  of 
the  other  provisions  of  this  article,  not  otherwise  spe- 
cifically punished  herein,  or  who  shall  buy,  sell  or  fraud- 
ulently obtain  any  verterinary  medical  diploma,  license, 
record  or  registration,  or  who  shall  aid  or  abet  such 
buying,  selling  or  fraudulently  obtaining,  or  who  shall 
practice  veterinary  medicine  under  the  cover  of  a 
diploma,  or  license  illegally  obtained,  or  signed  or  issued 
unlawfully  or  under  fraudulent  representation,  or  mis- 
take of  fact  in  material  regard,  or  who,  after  convic- 
tion of  a  felony,  shall  attempt  to  practice  veterinary 
medicine,  and  any  person  who  shall,  without  having 
been  authorized  so  to  do  legally,  append  any  veterinary 
title  to  his  or  her  name,  or  shall  assume  or  advertise 
any  veterinary  title  in  such  a  manner  as  to  convey  the 
impression  that  he  is  a  lawful  practitioner  of  veterinary 
medicine  or  any  of  its  branches,  shall  be  guilty  of  a 
misdemeanor,  and  on  conviction  thereof  shall  be  pun- 
ished by  a  fine  of  not  less  than  two  hundred  and  fifty 
dollars  or  imprisonment  for  six  months  for  the  first 
offense,  and  on  conviction  of  a  subsequent  offense  by  a 
fine  of  not  less  than  five  hundred  dollars  or  imprison- 
ment for  not  less  than  one  year,  or  by  both  fine  and  im- 
prisonment. (Am'd  by  L.  1915,  ch.  381,  in  effect  April 
26,  1915.) 

ARTICLE  XI. 

Pharmacy. 

Section  230.  Definitions. 

231.  State   board    of    pharmacy;    appointments; 

nominations;    examiners;    secretary;    ex- 
penses. 

232.  Powers  and  duties  of  the  board;    records; 

employees. 


142  The  Public  Health  Law 

Section  233.  Licenses;  certificates;  examinations;   rules. 

234.  Pharmacies;  drug  stores;  stores. 

235.  Apprentices  and  employees. 

236.  Working    hours    and    sleeping    apartments, 

pharmacy  or  drug  store. 
236-a.  Working  hours  and  sleeping  apartments, 
grocery   or  provision   store. 

237.  Adulterating;    misbranding   and    substitut- 

ing. 

238.  Poison  schedules;  register;  opium  and  other 

prescriptions. 

239.  Construction  of  article;  temporary  permits. 

240.  Revocation  of  license;   misdemeanors;   vio- 

lations and  penalties. 
240a.  Proof  required  in  prosecuting  for  certain 
violations. 

241.  Schedules  A,  B  and  C. 

§  230.  Definitions.  As  used  in  this  article:  1.  "Asso- 
ciation "  means  the  New  York  state  pharmaceutical 
association. 

2.  "  Board "  when  not  otherwise  limited,  means  the 
New  York  state  board  of  pharmacy. 

3.  "Chemicals"  when  not  otherwise  limited,  means 
the   chemical  materials  of   medicine. 

4.  "  Council "  means  the  New  York  state  pharmaceu- 
tical council  with  a  secretary  and  at  least  one  represen- 
tative from  each  school  of  the  state  appointed  by  the 
regents  for  a  period  of  five  years. 

5.  "  Commissioner  "  means  the  commissioner  of  edu- 
cation of  the  state  of  New  York;  "Department,"  the 
education  department  of  the  state  of  New  York ;  "  Uni- 
versity," the  university  of  the  state  of  New  York; 
"  Regents,"  the  board  of  regents  of  the  university  of 
the  state  of  New  York  as  provided  by  the  education  law. 

6.  "  Drugs,"  where  not  otherwise  limited,  means  all 
substances  used  as  medicines  or  in  the  preparation  of 
medicines.  "  Crude  Drugs  "  means  drugs  that  have  not 
been  changed  by  manufacture  except  by  desiccation  or 
comminution. 


Phabmacy  143 

7.  "  Examiner  "  means  a  member  of  the  state  board 
of  pharmacy. 

S.  "'  Formulary "  means  the  latest  edition  of  the 
national    formulary. 

9.  "  Medicine,"  where  not  otherwise  limited,  means  a 
drug  or  preparation  of  drugs  in  suitable  form  for  use  as 
a  curative  or  remedial  substance. 

10.  "  Pharmacy,"  where  not  otherwise  limited,  means 
the  place  registered  by  the  board  in  which  drugs,  chemi- 
cals, medicines,  prescriptions  or  poisons  are  compounded, 
dispensed  or  retailed. 

11.  "Pharmacology"  is  the  science  that  treats  of 
drugs  and  medicines;  their  nature,  preparation,  admin- 
istration and  effect. 

12.  "  Pharmacopoeia,"  when  not  otherwise  limited, 
means  the  latest  edition  of  the  pharmacopoeia  of  the 
United  States  of  America. 

13.  "  Physician  "  means  a  practitioner  of  medicine  as 
denned  by  article  eight  of  this  chapter;  "Dentist" 
means  a  practitioner  of  dentistry  as  denned  by  article 
nine,  and  "  Veterinarian,"  means  a  practitioner  of  veteri- 
nary medicine  as  denned  by  article  ten. 

14.  "  Poisons,"  where  not  otherwise  limited,  means 
any  drug,  chemical,  medicine  or  preparation  liable  to  be 
destructive  to  adult  human  life  in  quantities  of  sixty 
grains  or  less. 

15.  "  Rules,"  where  not  otherwise  limited,  means  the 
rules  of  the  board  approved  by  the  regents. 

16.  "  School "  means  any  college  or  school  of  phar- 
macy, or  the  department  of  pharmacy  of  a  university, 
whatever  the  corporate  title,  registered  by  the  regents 
as  maintaining  a  proper  educational  standard  and 
legally  incorporated. 

17.  "  Secretary "  means  the  secretary  of  the  state 
board  of  pharmacy. 

18.  "  Syllabus  "  means  the  latest  edition  of  the  sylla- 
bus adopted  by  the  board.  (Am'd  by  L.  1910,  ch.  422, 
in  effect  Aug.  1,  1910.) 


144  The  Public  Health  Law 

§  231.  State  board  of  pharmacy;  appointments;  nomi- 
nations; examiners;  secretary;  expenses.  The  state 
board  of  pharmacy  in  office  when  this  section  takes 
effect  shall  remain  in  office  until  August  first,  nineteen 
hundred  and  ten.  On  and  after  that  date  such  board 
shall  consist  of  nine  examiners,  four  of  whom  shall  be 
residents  of  the  city  of  New  York.  At  the  annual  meet- 
ing of  the  association  held  in  nineteen  hundred  and  ten 
there  shall  be  twenty-five  licensed  pharmacists  nomi- 
nated by  ballot  whose  names  shall  be  submitted  to  the 
regents,  immediately  thereafter. 

Appointments.  From  the  number  thus  submitted  or 
from  the  other  licensed  pharmacists  of  the  state  the 
regents  may  appoint  nine  persons,  who  shall  constitute 
the  board  of  pharmacy,  whose  term  of  office  shall  begin 
on  August  first,  nineteen  hundred  and  ten,  three  of 
whom  shall  hold  office  for  a  term  of  one  year,  three  for 
a  term  of  two  years  and  three  for  a  term  of  three 
years.  The  successors  of  the  members,  whose  terms  of 
office  have  expired,  shall  be  appointed,  as  hereinafter 
provided,  for  a  term  of  three  years.  A  vacancy  in  the 
office  of  any  member,  caused  otherwise  than  by  expira- 
tion of  term,  shall  be  filled  by  the  regents  for  the 
unexpired  term  of  such  member. 

Nominations.  Thereafter,  at  each  annual  meeting  of 
the  association,  nine  licensed  pharmacists  shall  be  nomi- 
nated by  ballot,  whose  names  shall  be  submitted  to  the 
regents  in  writing  under  the  seal  of  the  association  by 
the  president  and  secretary  thereof,  promptly  after  the 
adjournment  of  such  meeting.  From  the  number  thus 
submitted  or  from  the  other  licensed  pharmacists  of  the 
state  the  regents  may  appoint  three  persons  to  succeed 
the  members  whose  terms  of  office  expire  on  the  follow- 
ing July  thirty-first. 

Examiners.  No  person  shall  be  appointed  as  an  exam- 
iner unless  he  is  a  licensed  pharmacist,  and  has  legally 
practiced  as  such  for  at  least  ten  years  in  this  state. 


Pharmacy  145 

Each  of  the  candidates  shall  present  proof  of  such 
qualifications  to  the  regents.  The  regents  may  remove 
any  examiner  for  misconduct,  incapacity  or  neglect  of 
duty.  Each  examiner  shall  receive  a  certificate  of 
appointment  from  the  regents,  and  before  beginning  his 
term  of  office  shall  take  and  file  with  the  secretary  of 
state  the  constitutional  oath  of  office.  The  board  or  any 
committee  thereof  may  employ  counsel,  may  compel  the 
attendance  of  witnesses,  and  may  take  testimony  and 
proofs  concerning  all  matters  within  its  jurisdiction. 
The  board  shall  make  such  rules  approved  by  the  regents 
not  inconsistent  with  the  law,  as  may  be  necessary  for 
the  proper  performance  of  its  duty,  but  no  rule  by 
which  more  than  a  majority  vote  is  required  for  any 
specific  action  by  the  board  shall  be  amended,  suspended, 
or  repealed  by  a  smaller  vote  than  that  required  for 
action  thereunder. 

Secretary.  The  secretary  shall  be  a  licensed  pharma- 
cist who  has  legally  practiced  as  a  pharmacist  for  at 
least  ten  years  in  this  state.  He  shall  be  appointed  by 
the  regents,  shall  hold  office  during  their  pleasure  and 
shall  receive  an  annual  salary  of  three  thousand  dollars, 
payable  from  the  moneys  received  under  this  article. 
He  shall  be  the  executive  officer  of  the  board  and  shall 
have  such  powers  and  shall  perform  such  duties  as  are 
prescribed  by  the  rules.  The  secretary  in  office  when 
this  article  takes  effect  shall  continue  in  office  until 
his  successor  has  been  appointed  as  above  provided. 

Expenses.  All  fees,  fines,  penalties  and  other  moneys 
derived  from  the  operation  of  this  article  shall  be  paid 
into  the  state  treasury  and  the  legislature  shall  annu- 
ally appropriate  for  the  department  an  amount  suffi- 
cient to  pay  all  proper  expenses  incurred  pursuant  to 
this  article.  All  funds  in  the  custody  of  the  state 
board  of  pharmacy  when  this  act  takes  effect  shall  be 
immediately  turned  over  to  the  department  and  shall 
be  available  for  the  payment  of  all  proper  expenses  of 


146  The  Public  Health  Law 

the  board,  until  an  appropriation  is  made  by  the  legis- 
lature as  above  provided.  When  such  appropriation  is 
so  made  the  unexpended  balance  of  the  funds  so  turned 
over  to  the  department  shall  be  paid  into  the  state 
treasury,  to  be  expended  as  in  the  case  of  other  moneys 
derived  from  the  operation  of  this  article.  (Am'd  by 
L.  1910,  ch.  422,  reenacted  by  L.  1915,  ch.  502,  in 
effect  May  3,   1915.) 

§  232.  Powers  and  duties  of  the  board;  records;  em- 
ployees. Prior  to  October  first  the  board  shall  annually 
elect  from  its  members  a  president  and  a  vice-president 
for  the  academic  year,  and  shall  hold  one  or  more  meet- 
ings each  year.  At  any  meeting  a  majority  shall  con- 
stitute a  quorum;  but  questions  prepared  by  the  board 
may  be  grouped  and  edited,  or  answer  papers  of  candi- 
dates may  be  examined  and  marked  by  committees  duly 
authorized  by  the  board  and  approved  by  the  regents. 

The  board  shall  have  power: 

(a)  To  regulate  the  practice  of  pharmacology. 

(b)  To  regulate  the  sale  of  drugs,  chemicals,  medi- 
cines and  poisons. 

(c)  To  regulate  the  employment  of  apprentices  and 
employees  in  pharmacies. 

(d)  To  regulate  the  working  hours  and  sleeping 
apartments  of  employees  in  pharmacies. 

(e)  To  regulate  and  control  the  character  and  stand- 
ard of  drugs  and  medicines  compounded  and  dispensed 
in  the  state,  to  employ  inspectors  and  chemists,  to 
secure  samples  and  to  prevent  the  sale  of  such  drugs, 
chemicals,  medicines  and  poisons  as  do  not  conform  to 
the  formulae,  standards  and  tests  of  the  pharmacopoeia 
and  formulary. 

(f)  To  regulate  the  retailing  of  poisons  and  to  adopt 
schedules. 

(g)  To  issue  temporary  permits  limited  to  definite 
areas. 


Pharmacy  147 

(h)  To  investigate  alleged  violations  of  the  provi- 
sions of  this  article,  to  conduct  hearings  in  respect 
thereto  when,  in  its  discretion,  it  appears  to  be  neces- 
sary, and  to  bring  the  same  to  the  notice  of  the  attor- 
ney-general. 

Records.  It  shall  be  the  duty  of  the  board  in  its 
rooms  provided  by  the  regents  to  preserve  a  record  of 
all  licenses  and  certificates  which  shall  be  open  to  public 
inspection  and  shall  have  in  all  legal  proceedings  the 
same  weight  as  evidence  that  is  given  to  a  record  of 
conveyance  of  lands.  It  shall  render  annually  to  the 
regents  and  the  association  a  report  of  all  its  proceed- 
ings during  the  preceding  year. 

Books,  records,  papers  and  properties  of  the  state 
board  of  pharmacy  and  of  each  branch  thereof  abolished 
by  this  act  shall  on  or  before  August  tenth,  nineteen 
hundred  and  ten,  be  transferred  to  the  state  board  of 
pharmacy,  organized  under  and  in  pursuance  of  the  pro- 
visions of  this  act  and  shall  be  preserved  by  the  board. 

Employees.  The  clerks,  stenographers,  inspectors  and 
employees  of  the  state  board  of  pharmacy  in  office  when 
this  act  takes  effect  shall  be  transferred  to  the  depart- 
ment. The  rules  of  the  board,  made  as  hereinbefore  pro- 
vided, shall  specify  the  number  of  clerks,  stenographers, 
inspectors  and  employees,  necessary  to  carry  out  the 
provisions  of  this  article.  The  clerks,  stenographers,  in- 
spectors and  employees  transferred  to  the  department  as 
above  provided,  or  hereafter  employed,  shall  be  subject 
to  the  same  rules  as  to  appointment  and  service  as  the 
other  employees  of  the  department.  (Am'd  by  L.  1910, 
ch.  422,  in  effect  Aug.   1,   1910.) 

§  233.  Licenses;  certificates;  examinations;  rules. 
Satisfactory  evidence  verified  by  oath  shall  be  required 
by  the  regents  of  all  candidates  for  admission  to  the 
examinations. 

Pharmacist.      They   shall   admit   to   the   examination 


148  The  Public  Health  Law 

for  pharmacist  any   candidate  that  pays  a  fee  of  ten 
dollars  and 

1.  Is  more  than  twenty-one  years   of  age. 

2.  Is  of  good  moral  character. 

3.  Had  prior  to  January  first,  nineteen  hundred  and 
eighteen,  fifteen  academic  counts,  or  the  equivalent, 
before  beginning  the  first  year  of  study  in  the  school, 
and  after  that  date  had  thirty  academic  counts,  or  the 
equivalent,  before  beginning  such  study. 

4.  Had  studied  pharmacology  as  outlined  in  the  syl- 
labus not  less  than  two  years  in  a  school. 

5.  Has  either  received  the  diploma  of  graduate  in 
pharmacy  or  equivalent  degree  from  a  school,  or  a 
license  conferring  the  full  right  to  practice  pharma- 
cology in  some  foreign  country  registered  as  meeting 
the  minimum  requirements  of  this  article.  The  di- 
ploma of  graduate  in  pharmacy  or  equivalent  degree 
shall  not  be  conferred  on  any  one  that  did  not  file  with 
the  school  at  matriculation  the  pharmacy  student  cer- 
tificate required  above. 

6.  Has  had  four  years'  experience  in  a  registered 
pharmacy  or  drug  store,  under  the  personal  super- 
vision of  a  pharmacist  or  druggist,  one  year  of  which 
experience  within  five  years  of  the  date  of  application 
must  have  been  in  a  pharmacy  or  drug  store  of  the 
United   States. 

Druggist.  They  shall  admit  to  the  examination  for 
druggist  any  candidate  that  pays  a  fee  of  five  dollars 
and 

1.  Is    more    than   eighteen    years   of   age. 

2.  Is  of  good  moral  character. 

3.  Has  the  preliminary  and  professional  education 
required  by  the  rules. 

4.  Has  had  three  years'  experience  in  a  registered 
pharmacy  or  drug  store  under  the  personal  supervision 
of  a  pharmacist  or  druggist,  one  year  of  which  exper- 
ience within  five  years  of  the  date  of  application  must 


Phabmacy  149 

have  been  in  a  pharmacy  or  drug  store  of  the  Unfted 
States. 

Examinations.  The  board  shall  submit  to  the  regents 
as  required  suitable  questions  for  thorough  examination 
in  pharmacology,  both  written  and  practical,  as  out- 
lined in  the   syllabus. 

From  these  questions  the  secretary  shall  prepare 
question  papers  in  accordance  with  the  rules  which  at 
any  examination  shall  be  the  same  for  all  candidates. 
Examinations  for  license  shall  be  given  in  at  least 
three  convenient  places  in  the  state  and  at  least  four 
times  annually  in  accordance  with  the  rules.  The. 
practical  examinations  shall  be  conducted  by  the  exam- 
iners, the  written  by  the  regents.  On  receiving  from 
the  board  an  official  report  that  an  applicant  las  suc- 
cessfully passed  the  examinations  and  is  recommended 
for  license,  the  regents  shall  issue  to  him  a  license  to 
practice  according  to  the  qualifications  of  the  applicant. 
Every  license  shall  be  issued  by  the  regents  under  seal 
and  shall  be  signed  by  the  commissioner,  each  examiner 
and  by  the  secretary.  Every  certificate  shall  be  issued 
by  the  board  subject  to  rule  and  shall  be  signed  by 
the  secretary.  Applicants  examined  and  licensed  by 
other  state  examining  boards  registered  by  the  regents 
as  maintaining  standards  not  lower  than  those  provided 
by  this  article  may  without  further  examination,  on 
payment  of  twenty-five  dollars  to  the  regents  and  on 
submitting  such  evidence  as  they  may  require  receive 
from  them  an  endorsement  of  their  licenses  or  diplo- 
mas conferring  all  rights  and  privileges  of  a  regents' 
license  after  examination. 

Before  any  license  or  certificate  is  issued  it  shall  be 
numbered  and  properly  recorded  and  its  number  shall 
be  noted  in  the  license  or  certificate.  The  regents  on 
the  recommendation  of  the  board  may  revoke  a  license 
or  annul  a  certificate,  for  cause. 


150  The  Public  Health  Law 

Rules.  The  rules  of  the  board  and  of  the  regents 
affecting  examination,  registration  and  administration 
continue  in  force  until  revised  by  the  board  and 
approved  by  the  regents. 

The  board  shall  make  rules  subject  to  the  approval 
of  the  regents: 

1.  For  the  certification  and  registration  of  appren- 
tices and  storekeepers. 

2.  For  the  surrendering  of  licenses,  issued  prior  to 
January  first,  nineteen  hundred  and  one. 

3.  For  the  acceptance  of  licenses  from  other  licensing 
boards  issued  prior  to  January,  nineteen  hundred  and 
five,  in  lieu  of  a  diploma. 

4.  For  the  accomplishment  of  the  trusts  reposed  in 
them  by  this  article  and  by  any  other  law  of  the  state. 

All  licenses  and  certificates  of  examination,  issued 
to  licensees  by  former  boards  of  pharmacy,  shall  be  in 
full  force  and  effect  in  perpetuity  for  the  section  of 
the  state  for  which  they  were  issued,  and  all  certifi- 
cates of  registration  issued  during  nineteen  hundred  and 
ten  shall  be  valid  until  January  first,  nineteen  hundred 
and  eleven.  (Am'd  by  L.  1910,  ch.  422;  L.  1915,  ch. 
502,  and  L.  1916,  ch.  327,  in  effect  April  27,  1916.) 

§  234.  Pharmacies;  drug  stores;  stores.  Except  as 
prescribed  in  this  article,  it  shall  not  be  lawful  for  any 
person  to  practice  as  a  pharmacist,  druggist,  apprentice 
or  storekeeper,  or  to  engage  in,  conduct,  carry  on,  or 
be  employed  in  the  dispensing,  compounding  or  retailing 
of  drugs,  chemicals,  medicines,  prescriptions  or  poisons 
within  this  state.  Every  place  in  which  drugs,  chem- 
icals, medicines,  prescriptions  or  poisons  are  retailed, 
or  dispensed,  or  compounded,  shall  be  a  pharmacy,  a 
drug  store,  or  a  store;  shall  be  under  the  personal 
supervision  of  a  pharmacist,  a  druggist,  or  a  store- 
keeper and  shall  be  annually  registered  in  the  month  of 
January  by  the  board  as  conducted  in  full  compliance 
with  law  and  the  rules. 


PH  ABM  ACT  151 

Pharmacies.  It  shall  be  lawful  for  a  pharmacist  in 
conformity  with  the  rules,  to  take,  use  and  exhibit  the 
titles  pharmacist  and  registered  pharmacy  and  to  have 
charge  of,  engage  in,  conduct  or  carry  on  for  himself  or 
for  another  the  .  dispensing,  compounding,  or  sale  of 
drugs,  chemicals,  medicines,  prescriptions  or  poisons 
unywhere  within  the  state,  but  he  shall  have  personal 
supervision  of  not  more  than  one  pharmacy  or  drug 
store  at  the  same  time. 

Drug  stores.  It  shall  be  lawful  for  a  druggist  in 
conformity  with  the  rules  to  take,  use,  and  exhibit  the 
titles  druggist  and  registered  drug  store,  and  to  have 
charge  of,  engage  in,  conduct  or  carry  on  for  himself 
or  for  another  the  dispensing,  compounding  or  retailing 
of  drugs,  chemicals,  medicines,  prescriptions  or  poisons 
anywhere  within  the  state,  in  a  place  of  not  more  than 
one  thousand  inhabitants,  but  he  shall  have  charge  of 
not  more  than  one  drug  store  at  the  same  time.  He 
may  be  employed  for  the  purpose  of  dispensing  or  retail- 
ing drugs,  chemicals,  medicines,  prescriptions  and  poisons 
in  a  registered  pharmacy  under  the  management  and 
personal  supervision  of  a  licensed  pharmacist;  he  may 
also  perform  such  duties  during  the  temporary  absence 
of  the  pharmacist,  except  in  cities  of  more  than  one 
million  inhabitants. 

Temporary  permits.  In  places  and  villages  of  a 
thousand  inhabitants  or  less  that  do  not  have  within 
three  miles  a  pharmacy  or  drug  store; 

1.  Physicians  may  compound  medicines,  fill  prescrip- 
tions and  sell  poisons  labeled  as  required  by  this  article. 

2.  Storekeepers  may  in  accord  with  the  rules  sell 
medicines  and  poisons  for  a  period  not  exceeding  one 
year  upon  the  payment  of  a  fee  of  three  dollars.  The 
storekeeper's  certificate  is  limited  to  the  village  or 
place  where  the  storekeeper  resides  and  may  be  limited 
to  the  sale  of  certain  classes  of  poisons  sold  only  in 
original  packages  and  put  up  by  a  licensed  pharmacist 


152  The  Public  Health  Law 

whose  name  and  business  address  is  displayed  on  the 
package. 

Stores.  It  shall  be  lawful  for  the  storekeeper  in  con- 
formity with  the  rules  to  take,  use  and  exhibit  the 
titles  certified  storekeeper  and  registered  store  and  to 
sell  medicines  and  poisons  for  a  period  not  exceeding 
one  year  in  a  village  or  place  of  the  state  with  less 
than  one  thousand  inhabitants  that  has  no  pharmacy 
or  drug  store  within  three  miles  of  it. 

Every  person  practicing  as  a  pharmacist  or  druggist 
must  at  all  times  display  his  license  conspicuously  in 
his  place  of  business.  The  proprietor  of  every  phar- 
macy, drug  store  or  store  shall  annually  in  the  month 
of  January  report  under  oath  to  the  board  any  facts 
required  by  the  board,  shall  pay  the  registration  fee  of 
two  dollars  and  shall  receive  a  certificate  of  registration 
that  must  be  conspicuously  displayed  at  all  times  in 
the  pharmacy,  drug  store  or  store  with  all  licenses. 
Every  person,  partnership,  association  or  corporation 
doing  business  as  the  proprietor  or  proprietors  of  a 
pharmacy,  drug  store  or  store  shall  cause  the  name  of 
such  proprietor  or  proprietors  to  be  displayed  upon  a 
sign  conspicuously  placed  upon  the  exterior  of  the 
building  and  his  sign  shall  be  presumptive  evidence  of 
ownership  of  such  pharmacy,  drug  store  or  store.  The 
proprietor  that  opens  a  pharmacy,  drug  store  or  store 
subsequent  to  the  month  of  January  shall,  within  thirty 
days  of  opening,  make  this  report,  pay  the  fee  and  dis- 
play the  certificate  and  the  sign.  Every  proprietor  of 
a  wholesale  or  retail  pharmacy,  drug  store  or  store  is 
responsible  for  the  strength,  quality  and  purity  of  all 
drugs  sold  or  dispensed  by  him,  subject  to  the  guaranty 
provisions  of  this  article.  (Am'd  by  L.  1910,  ch.  422,  in 
effect  Aug.  1,  1910.) 

§  235.  Apprentices  and  employees.  Every  person 
over  fifteen  years  of  age  that  shall  enter  a  pharmacy 


Pharmacy  153 

or  drug  store  with  the  intention  of  becoming  a  pharma- 
cist or  druggist,  shall  pay  the  registration  fee  of  one 
dollar,  and  receive  a  certificate  as  a  registered  appren- 
tice in  accordance  with   the  rules. 

Apprentices  may  be  employed,  in  accordance  with 
the  requirements  of  this  article  and  the  rules,  in  reg- 
istered pharmacies  and  drug  stores  and  may  receive 
instruction  in  the  practice  of  pharmacology. 

Apprentices  may  prepare  or  dispense  receipts  or 
prescriptions,  may  sell  or  furnish  medicines  or  poisons 
in  the  presence  of  and  under  the  immediate  personal 
supervision  of  a  pharmacist  or  druggist  who  must  be 
either  the  proprietor  or  in  the  actual  employ  of  the 
proprietor.  The  proprietor  as  principal  shall  be  equally 
liable  for  violations  of  this  article  by  his  employees. 

Other  unlicensed  assistants  may  be  employed  in  reg- 
istered pharmacies  and  drug  stores  for  other  purposes 
than  the  practice  of  pharmacology  and  the  dispensing, 
compounding  or  retailing  of  drugs,  chemicals,  medi- 
cines, prescriptions  or  poisons.  (Am'd  by  L.  191Q,  ch. 
422,  and  L.  1915,  ch.  502,  in  effect  May  3,  1915.) 

§  236.  Working  hours  and  sleeping  apartments.  No 
apprentice  or  employee  in  any  pharmacy  or  drug  store 
shall  be  required  or  permitted  to  work  more  than 
seventy  hours  a  week.  Nothing  in  this  section  prohibits 
Working  six  hours  overtime  any  week  for  the  purpose 
of  making  a  shorter  succeeding  week,  provided,  how- 
ever, that  the  aggregate  number  of  hours  in  any  such 
two  weeks  shall  not  exceed  one  hundred  and  thirty-two 
hours.  The  hours  shall  be  so  arranged  that  an  employee 
shall  be  entitled  to  and  shall  receive  at  least  one  after- 
noon and  evening  off  in  each  week  and  in  addition 
thereto  shall  receive  one  full  day  off  in  two  consecutive 
Weeks!  No  proprietor  of  any  pharmacy  or  drug  store 
shall  require  any  clerk  to  sleep  in  any  room  or  apart- 
ment in  or  connected  with  such  store  that  does  not  com- 
ply with  the  sanitary  regulations  of  the  local  board  of 


154  The  Public  Health  Law 

health.  The  provisions  of  this  section  alone  regulate 
working  hours  and  sleeping  apartments  in  pharmacies 
or  drug  stores.  (Am'd  by  L.  1910,  ch.  422,  and  L.  1911, 
ch.  630,  and  L.  1914,  ch.  514,  in  effect  April  23,  1914.) 
§  236-a.  Working  hours  for  male  employees  over  the 
age  of  sixteen  years,  and  sleeping  apartments  in  grocery 
or  provision  stores.  No  male  apprentice  or  employee 
over  the  age  of  sixteen  years  in  any  grocery  or  pro- 
vision store  located  or  lying  within  the  boundaries  of 
any  city  of  the  first  class  shall  be  permitted  to  work 
more  than  seventy  hours  a  week  or  more  than  eleven 
hours  in  any  one  day,  except  that  on  the  last 
day  of  the  week  such  employees  may  be  permitted  to 
work  fifteen  hours  for  the  purpose  of  eliminating  work 
on  the  first  day  of  the  week.  Nothing  herein  shall  be 
so  construed  as  to  require  male  apprentices  or  em- 
ployees over  the  age  of  sixteen  years  in  grocery  or 
provision  stores  to  work  on  seven  days  in  the  week. 
The  work  hours  shall  be  consecutive,  allowing  one 
hour  for  each  meal.  Nothing  herein  shall  be  so  con- 
strued as  to  affect  minors  under  the  age  of  sixteen 
years  or  females  of  any  age,  or  in  any  way  to  repeal 
or  modify  chapter  three  hundred  and  thirty-one  of 
the  laws  of  nineteen  hundred  and  fourteen.  No  pro- 
prietor of  any  grocery  or  provision  store  located  within 
the  boundaries  of  any  city  of  the  first  class  shall  per- 
mit any  clerk  to  sleep  in  any  room  or  apartment  in  or 
connected  with  such  store  which  does  not  comply  with 
the  sanitary  regulations  of  the  local  board  of  health, 
providing,  however,  that  this  act  shall  not  affect  any 
proprietor  or  the  family  of  such  proprietor  who  reside 
in  an  apartment  connected  with  such  store,  which 
apartment  at  the  time  of  its  building  or  erection  was  in 
conformity  with  the  sanitary  regulations  of  the  local 
board  of  health.  Failure  to  comply  with  any  of  the 
provisions  of  this  section  shall  be  deemed  a  misde- 
meanor. (Added  by  L.  1915,  ch.  343,  in  effect  April  20, 
1915.) 


Phabmact  155 

§  237.  Adulterating,  misbranding  and  substituting. 
A  drug  is  adulterated  in  any  of  the  following  cases: 

1.  When  sold  under  or  by  a  name  recognized  in  the 
pharmacopoeia  it  differs  from  the  standard  determined 
by  the  test  or  formula  given. 

2.  When  sold  under  or  by  a  name  recognized  in  the 
formulary  the  strength,  quality  or  purity  or  percentage 
of  the  alkaloid  or  alkaloids  or  other  potent  ingredient 
or  ingredients  differs  from  the  standard  determined  by 
the  test  or  formula  given. 

3.  When  sold  under  or  by  a  name  not  recognized  in 
or  according  to  a  formula  not  given  in  the  pharma- 
copoeia or  formulary  that  is  found  in  some  other  stand- 
ard work  on  pharmacology  recognized  by  the  board,  it 
differs  in  strength,  quality  or  purity  from  the  strength, 
quality  or  purity  required,  or  the  formula  prescribed 
in  the  standard  work.  Provided,  however,  that  all  drugs 
sold  by  wholesalers  when  not  sold  to  a  consumer  shall 
be  in  accordance  with  the  provisions  of  the  national 
food  and  drug  act  of  June  thirtieth,  nineteen  hundred 
and  six. 

4.  When  sold  as  a  homeopathic  drug  it  differs  from 
the  strength,  quality  or  purity  established  by  the  test 
or  formula  given  in  the  latest  edition  of  the  homeopathic 
pharmacopoeia  of  the  United  States  or  the  American 
homeopathic  pharmacopoeia. 

5.  Its  strength,  quality  or  purity  differs  from  the 
professed  standard  of  strength,  quality  or  purity  under 
which  it  is  sold. 

6.  It  contains  methyl  or  wood  alcohol  when  intended 
for  use  as  a  medicine  except  when  sold  as  a  veterinary 
liniment  for  external  use  only  and  so  labeled. 

Misbranding  and  substituting.  A  drug  is  mis- 
branded  if 

I.  The  package  bears  any  statement,  design  or  device 
that  is  false  or  misleading  in  any  particular  regarding 


156  The  Public  Health  Law 

its  contents,  regarding  the  state,  territory  or  county  in 
which  it  is  manufactured  or  produced. 

2.  It  is  an  imitation  or  is  offered  for  sale  under  the 
name  of  another  substance. 

3.  The  original  contents  of  the  package  have  been 
removed  in  whole  or  in  part  and  other  contents  added. 

4.  The  package  fails  to  bear  a  statement  of  the  per- 
centage contained  therein  by  volume  of  alcohol  and  by 
rjuantity  or  proportion  of  morphine,  opium,  heroin, 
chloroform,  cannabis  indica,  chloral  hydrate,  acetanilide 
or  any  derivative  or  preparation  of  any  of  these  sub- 
stances. 

o.  The  package  containing  a  homeopathic  drug  fails 
to  state  that  fact. 

These  statements  shall  be  made  in  type  easily  read, 
conspicuously  displayed  and  described  by  their  common 
or  English  names.  Alcohol  used  as  a  solvent,  preserva- 
tive or  for  any  other  purpose  is  contained  in  the  drug 
within  the  meaning  of  this  article.  Nothing  in  this 
paragraph  applies  to  the  compounding  and  dispensing 
of  drugs  and  medicines  on  the  written  prescription  of 
a  physician,  dentist  or  veterinarian,  which  prescription 
shall  be  kept  on  file  by  the  pharmacist  or  druggist.  Nor 
does  it  apply  to  unadulterated  drugs  recognized  in  the 
pharmacopoeia  and  the  formulary  and  the  homeopathic 
pharmacopoeia  sold  under  the  names  by  which  they  are 
recognized  therein,  and  not  sold  under  a  proprietary 
name,  trade  name  or  trade  mark.  All  adulterated,  mis 
branded  or  substituted  drugs  are  forfeited  to  the  board 
for  destruction.  (Am'd  by  L.  1910,  ch.  422,  in  effect 
Aug.    1,   1910.) 

§  238.  Poison  schedules;  register.  It  is  unlawful  for 
any  person  to  sell  at  retail  or  to  furnish  any  of  the 
poisons  of  schedule  A  and  B  without  affixing  or  caus- 
ing to  be  affixed  to  the  bottle,  box,  vessel  or  package, 
a  label  with  the  name  of  the  article  and  the  word 
poison  distinctly  shown  and  with  the  name  and  place  of 


Pharmacy  157 

business  of  the  seller  all  printed  in  red  ink  together 
with  the  name  of  such  poisons  printed  or  written 
thereupon  in  plain,  legible  characters. 

Wholesale  dealers  in  drugs,  medicines,  pharmaceuti- 
cal preparations,  chemicals  or  poisons  shall  affix  or 
cause  to  be  affixed  to  every  bottle,  box,  parcel  and  outer 
inclosure  of  any  original  package  containing  any  of  the 
articles  of  schedule  A  a  suitable  label  or  brand  in  red 
ink  with  the  word  poison  upon  it. 

Register.  Every  person  who  disposes  of  or  sells  at 
retail  or  furnishes  any  poisons  included  in  schedule  A 
shall  before  delivering  the  same  enter  in  a  book  kept 
for  that  purpose  the  date  of  sale,  the  name  and  ad- 
dress of  the  purchaser,  the  name  and  the  quantity  of 
the  poison,  the  purpose  for  which  it  is  purchased  and 
the  name  of  the  dispenser.  The  poison  register  must 
be  always  open  for  inspection  by  the  proper  authori- 
ties and  must  be  preserved  for  at  least  five  years  after 
the  last  entry.  He  shall  not  deliver  any  of  the  poisons 
of  schedule  A  or  B  until  he  has  satisfied  himself  that 
the  purchaser  is  aware  of  its  poisonous  character  and 
that  the  poison  is  to  be  used  for  a  legitimate  purpose. 
The  provisions  of  this  paragraph  do  not  apply  to  the 
dispensing  of  medicines  or  poisons  on  physicians'  pre- 
scriptions. 

The  board  shall  add  to  any  of  the  schedules  from 
time  to  time  as  such  action  becomes  necessary  for  fhe 
protection  of  the  public.  Schedules  A,  B  and  C  shall 
remain  in  force  until  amended  by  the  rules.  (Am'd  by 
L.   1915,  ch.  502,  in  effect  May  3,  1915.) 

§  239.  Construction  of  article;  temporary  permits. 
This  article  shall  not  apply  to  the  practice  of  a  physi- 
cian that  is  not  the  proprietor  of  a  pharmacy,  drug 
store  or  store,  or  that  is  not  in  the  employ  of  such  a 
proprietor.  Except  as  to  the  quality  of  drugs  dispensed 
it  shall  not  prevent  physicians  from  supplying  their 
patients    with    such    articles    as    the    physician    deems 


158  The  Public  Health  Law 

proper.  This  article  shall  not  be  construed  as  preclud- 
ing the  ownership  of  a  pharmacy  or  drug  store  by  an 
unlicensed  person,  firm  or  corporation  provided  such 
pharmacy  or  drug  store  be  conducted  in  accordance 
with  the  provisions  of  said  article.  Except  as  to  the 
labeling  of  poison  and  to  adulterating,  misbranding  and 
substituting,  it  shall  not  apply. 

1.  To  the  sale  of  drugs,  medicines,  chemicals,  prescrip- 
tions or  poisons  at  wholesale  when  not  for  the  use  or 
consumption  of  the  purchaser. 

2.  To  the  sale  of  paris  green,  white  hellebore  and  other 
poisons  for  destroying  insects. 

3.  To  the  sale  of  any  substance  for  use  in  the  arts. 

4.  To  the  manufacture  and  sale  of  proprietary  medi- 
cines. 

5.  To  the  sale  by  merchants  of  the  articles  in  schedule 
C.     (Am'd  by  L.  1910,  ch.  422,  in  effect  Aug.  1,  1910.) 

§  240.  Revocation  of  license;  misdemeanors;  viola- 
tions and  penalties.  No  license  or  certificate  shall  be 
granted  to  any  applicant  guilty  of  felony  or  gross  im- 
morality, or  that  is  addicted  to  the  use  of  alcoholic 
liquors  or  narcotic  drugs  to  such  an  extent  as  to  ren- 
der him  unfit  to  practice  pharmacology.  Any  license 
or  certificate  obtained  by  misrepresentation  or  fraud 
or  that  is  held  by  any  one  unfit  or  incompetent  from 
negligence,  habits  or  other  cause  may  be  revoked  after 
reasonable  notice  and  an  opportunity  to  be  heard.  The 
wilful  and  repeated  violation  of  any  of  the  provisions 
of  this  article  or  the  rules  is  sufficient  cause  for  the 
revocation  of  a  license  or  certificate.  The  license  or 
certificate  revoked  shall  on  formal  notice  be  delivered 
immediately  to   the   board. 

Misdemeanors.     It    is   a   misdemeanor    for 
1.   Any   person  to   procure  or  attempt  to  procure  a 
license  or  certificate  for  himself  or  for  any  other  person 
by  making,  or  causing  to  be  made,  any  false  representa- 
tions. 


Phabmacy  159 

2.  Any  pharmacist  to  permit  the  compounding  and 
dispensing  of  prescriptions  of  medical  practitioners  in 
his  pharmacy  hy  any  unlicensed  person  or  persons,  ex- 
cept in  the  presence  of  and  under  the  immediate  per- 
sonal  supervision   of   a   pharmacist    or   druggist. 

3.  Any  unlicensed  person  to  prepare  or  to  dispense  a 
medical  prescription  or  physician's  prescription,  or  to 
dispense  or  to  sell  at  retail  poisons  or  medicines  except 
under  the  immediate  personal  supervision  of  a  phar- 
macist or  druggist  whose  license  is  displayed  in  the 
pharmacy  or  drug  store. 

4.  Any  unlicensed  person  to  open  or  to  conduct  or  to 
have  charge  of,  or  to  supervise  any  pharmacy,  drug 
store  for  retailing,  dispensing  or  compounding  drugs, 
chemicals,   medicines,   prescriptions   or   poisons. 

5.  Any  person  to  fraudulently  represent  himself  to 
be    licensed. 

6.  Any  person  to  intentionally  prevent  or  knowingly 
refuse  to  permit  any  examiner  or  inspector  to  enter  a 
pharmacy,  drug  store  or  store  for  the  purpose  of  law- 
ful inspection. 

7.  Any  person  whose  license  or  certificate  has  been 
revoked,  to  refuse  to  deliver  the  certificate  or  license. 

8.  Any  person  to  omit  his  name  from  the  sign  and  any 
holder  of  a  license  or  certificate  to  fail  to  display  the 
same. 

9.  Any  proprietor  of  a  pharmacy  or  drug  store  to 
require  more  than  seventy  working  hours  a  week  in 
other  arrangement  than  that  permitted  by  section  two 
hundred  and  thirty-six;  and  for  any  proprietor  of  a 
pharmacy  or  drug  store  to  violate  the  provisions  of  the 
same  section  in  regard  to  sleeping  apartments. 

10.  Any  person  to  adulterate,  misbrand  or  substitute 
any  drug  knowing  or  intending  that  it  shall  be  used, 
or  sells,  offers  for  sale  or  causes  to  be  sold  any  adul- 
terated, misbranded  or  substituted  drug. 


160  The  Public  Health  Law 

11.  Any  person  to  violate  any  of  the  provisions  of 
this  article  in  relation  to  the  wholesaling,  retailing  or 
dispensing  of  drugs,  chemicals,  medicines,  prescriptions 
and  poisons  for  which  violations  no  other  punishment  is 
imposed. 

Violations  and  penalties.  Any  -person  that  violates 
any  of  the  provisions  of  this  article  who  is  not  crimi- 
nally prosecuted,  on  complaint  of  the  board,  as  for  a 
misdemeanor,  shall  forfeit  to  the  people  of  the  state 
of  New  York  the*  sum  of  fifty  dollars  for  every  such 
violation,  which  may  be  paid  to  the  board  or  sued  for 
and  recovered  in  the  name  of  the  people  of  the  state 
of  New  York  in  an  action  brought  therefor  by  the 
attorney-general. 

A  person  accused  of  violation  of  any  of  the  pro- 
visions of  this  article  relating  to  adulterating,  mis- 
branding or  substitution  shall  not  be  prosecuted  or  con- 
victed or  suffer  any  of  the  penalties,  fines  or  forfei- 
tures for  such  violation,  if  he  establishes  upon  the 
hearing  or  trial  that  the  drug  or  drugs  alleged  to  be 
adulterated,  misbranded  or  substituted  were  purchased 
by  him  under  a  guaranty  of  the  manufacturer  or  seller 
to  the  effect  that  said  drug  or  drugs  were  not  adulter- 
ated or  misbranded  within  the  meaning  of  this  article 
and  proves  that  he  has  not  adulterated,  misbranded  or 
substituted  the  same.  A  guaranty  in  order  to  be  a 
defense  to  a  prosecution  or  to  prevent  conviction  or  to 
afford  protection,  must  state  that  the  drug  or  drugs  to 
which  it  refers  are  not  adulterated,  misbranded  or 
substituted  within  the  meaning  of  the  provisions  of 
the  statute  of  New  York  state  and  must  state  also  the 
full  name,  and  place  of  business  of  the  manufacturer, 
wholesaler,  jobber  or  other  person  from  whom  the 
drug  or  drugs  were  purchased.  In  construing  and  en- 
forcing the  provisions  of  this  article  the  word  "  person  " 
shall  import  both  the  plural  and  singular  and  shall  in- 
clude   corporations,    companies,    partnerships,    societies 


Phaemacy  161 

and  associations,  and  the  act,  omission  or  failure  of  any 
officer,  agent  or  other  employee  acting  for  or  employed 
by  any  person  within  the  scope  of  his  authority  or  em- 
ployment shall  in  every  case  be  the  act,  omission  or 
failure  of  the  person  as  well  as  that  of  the  officer, 
agent  or  other  employee,  and  such  person  shall  be 
equally  liable  for  violations  of  this  article  by  a  part- 
nership, association  or  corporation,  every  member  of 
the  partnership  or  association  and  the  directors  and 
general  officer  of  the  corporation  and  the  general  man- 
ager of  the  partnership,  association  or  corporation, 
shall  be  individually  liable  and  any  action,  prosecution 
or  proceeding  authorized  by  this  article  may  be  brought 
against  any  or  all  of  such  persons.  When  any  prose- 
cution under  this  article  or  under  section  eleven  hun- 
dred and  forty-two,  section  eighty,  section  eighty-one, 
section  eighty-two,  section  seventeen  hundred  and 
forty-two,  section  seventeen  hundred  and  forty -three,  sec- 
tion seventeen  hundred  and  forty-five,  section  seventeen 
hundred  and  forty-six,  section  seventeen  hundred  and 
forty-seven,  section  seventeen  hundred  and  forty-eight, 
section  seventeen  hundred  and  forty-nine  and  section 
seveteen  hundred  and  sixty  of  the  penal  law  and  any 
amendment  thereto  is  made  on  the  complaint  of  the 
board,  any  fines  collected  shall  be  paid  into  the  state 
treasury  as  provided  by  this  article.  (Am'd  by  L.  1910, 
ch.  422;  L.  1911,  ch.  630,  and  L.  1915,  ch.  502,  in  effect 
May  3,  1915.) 

§  240-a.  Proof  required  in  prosecuting  for  certain  vio- 
lations. In  an  action  or  proceeding,  civil  or  criminal, 
against  any  person  for  violating  any  provision  of  this 
article  relating  to  retailing  or  dispensing  drugs,  chem- 
icals, medicines,  prescriptions  and  poisons,  or  to  mis- 
branding or  substituting,  it  shall  be  necessary  to  prove 
at  the  trial  or  hearing  that  at  the  time  and  place  of  the 
6 


162  The  Public  Health  Law 

taking  of  any  sample  of  drugs,  chemicals,  medicines  or 
poisons,  to  be  analyzed,  the  person  taking  the  same  di- 
vided it  into  two  substantially  equal  parts,  hermetically 
or  otherwise  effectively  and  completely  sealed,  delivered 
one  such  sealed  part  to  the  seller,  pharmacist,  druggist  or 
storekeeper  from  whose  premises  such  sample  was  taken 
and  delivered  the  other  part  so  sealed  to  the  chemist 
designated  by  the  state  board  of  pharmacy;  and  the 
facts  herein  required  to  be  proven  shall  be  alleged  in 
the  complaint  or  information  by  which  such  action  or 
proceeding  was  begun.  The  rules  of  the  board  shall  be 
proven  prima  facie  by  the  certificate  of  the  secfetary. 
(Added  by  L.  1913,  ch.  223,  am'd  by  L.  1915,  ch.  502, 
in  effect    May  3,  1915.) 

§  241.  Schedules  A,  B  and  C.  These  schedules  remain 
in  force  until  revised  by  the  board  and  approved  by 
the  regents. 

Schedule  A.  Arsenic,  atropine,  corrosive  sublimate, 
potassium  cyanide,  chloral  hydrate,  hydrocyanic  acid, 
morphine,  strychnine  and  all  other  poisonous  vegetable 
alkaloids  and  their  salts,  oil  of  bitter  almond  contain- 
ing hydrocyanic  acid,  opium  and  its  preparations,  except 
paregoric  and  such  others  as  contain  less  than  two 
grains  of  opium  to  the  ounce. 

Schedule  B.  Aconite,  belladonna,  cantharides,  col- 
chicum,  conium,  cotton  root,  digitalis,  ergot,  hellebore, 
henbane,  phytolacca,  strophantus,  oil  of  savin,  oil  of 
tansy,  veratrum  viride  and  their  pharmaceutical  prepara- 
tions, arsenical  solutions,  carbolic  acid,  chloroform,  creo- 
sote, croton  oil,  white  precipitate,  methyl  or  wood 
alcohol,  mineral  acids,  oxalic  acid,  paris  green,  salts  of 
lead,  salts  of  zinc,  or  any  drug,  chemical  or  preparation 
which  is  destructive  to  adult  human  life  in  quantities 
of  sixty  grains  or  less. 

Schedule  C.  Ammonia  water,  bicarbonate  of  soda, 
borax,  camphor,  castor  oil,  cream  of  tartar,  dyestuffs, 


Habit  Forming  Drugs  163 

essence  of  peppermint,  essence  of  wintergreen,  non- 
poisonous  flavoring  esssences  or  extracts,  glycerine, 
licorice,  olive  oil,  sal  ammonaic,  saltpetre,  sal  soda,  epsom 
salt,  rochelle  salt,  sulphur,  cod  liver  oil,  vaseline,  petrol- 
eum jellies,  oil  of  origanum,  oil  of  spike,  flaxseed,  rock 
candy,  butter  color,  malt  extract,  extract  of  beef,  beef, 
iron  and  wine,  extract  of  witch  hazel,  quinine  pills, 
cathartic  pills,  seidlitz  powders,  bay  rum,  perfumes, 
toilet  water,  tumeric,  talcum  powder,  composition 
powder,  porous  plasters,  court  plasters,  copperas,  alum, 
gum  arabic,  lithia  water.  (Added  by  L.  1910,  ch.  422, 
am'd  by  L.  1915,  ch.  502,  in  effect  May  3,  1915.) 

ARTICLE  XI-A 
Habit  Forming  Drugs* 

Section  245.  Sale  prohibited;   exception. 

246.  Prescriptions;   certificates. 

247.  Order  blanks;  filing. 

248.  Physicians,  et  cetera,  to  keep  records. 

249.  Hypodermic    syringe;     sale     of;     record; 

penalty. 
249-a.  Commitment;   procedure;   discharge. 
249-b.  Revocation  of  license. 
249-c.  Revocation  of  license  after  conviction. 
249-d.  Penalties. 

§  245.  Sale  prohibited;  exception.  No  pharmacist, 
druggist  or  other  person  shall  sell,  have  or  offer  for  sale 
or  give  away  any  chloral,  opium  or  any  of  its  salts, 
alkaloids  or  derivatives  or  any  compound  or  preparation 
of  any  of  them  except  upon  the  written  prescription  of  a 
duly  licensed  physician,  veterinarian  or  dentist,  provided 
that  the  provisions  of  this  article  shall  not  apply  to  the 
sale  of  domestic  and  proprietary  remedies,  nor  to 
physicians'    prescriptions,    compounded    solely    for    the 


*See  also  federal    (Harrison)    law,    Internal  Revenue  Regulations 
No.  35. 


164  The  Public  Health  Law 

person  named  in  the  original  prescription,  actually  sold 
in  good  faith  as  medicines  and  not  for  the  purpose  of 
evading  the  provisions  of  this  article  and  provided  fur- 
ther that  such  remedies  and  preparations  do  not  con- 
tain more  than  two  grains  of  opium,  or  one-fourth 
grain  of  morphine  or  one- eighth  grain  of  heroin  or  one 
grain  of  codeine,  or  ten  grains  of  chloral  or  their  salts 
in  one  fluid  ounce  or  if  a  solid  preparation,  in  one  avoir- 
dupois ounce,  nor  to  plasters,  liniments  and  ointments 
for  external  use  only.  (Added  by  L.  1914,  ch.  363, 
am'd  by  L.   1915,  ch.  327,  in  effect    April  17,   1915.) 

§  246.  Prescriptions;  certificates.  It  shall  be  unlaw- 
ful for  any  person  to  sell  at  retail  or  give  away  any 
of  the  drugs,  their  salts,  derivatives  or  preparations 
mentioned  in  section  two  hundred  and  forty-five  of  this 
chapter  except  as  herein  provided  without  first  receiving 
a  written  prescription  signed  by  a  duly  licensed  physi- 
cian, veterinarian  or  dentist.  The  prescription  must 
contain  substantially  the  following:  the  name  in  full 
of  the  physician,  veterinarian  or  dentist  issuing  such 
prescription,  his  office  address,  and  the  name,  age  and 
address  of  the  person  to  whom  and  date  on  which 
such  prescription  is  issued.  It  shall  be  unlawful  for 
any  duly  licensed  physician,  veterinarian  or  dentist  to 
issue  any  such  prescription  containing  any  of  the 
drugs,  their  salts,  derivatives  or  preparations  men- 
tioned in  section  two  hundred  and  forty-five  of  this 
chapter,  for  any  duly  licensed  physician  to  dispense, 
give  or  deliver  any  of  the  said  drugs,  their  salts,  deriva- 
tives or  preparations,  except  after  a  physical  examina- 
tion of  any  person  for  the  treatment  of  disease,  injury 
or  deformity.  It  shall  be  unlawful  for  any  person  to 
sell  at  retail  any  of  the  drugs  or  preparations  of  any 
of  those  mentioned  in  section  two  hundred  and  forty- 
five  of  this  article  without  first  verifying  the  authority 
of  any  prescription  containing  more  than  four  grains 
of   morphine,   thirty   grains    of    opium,   two   grains    of 


Habit  Forming  Dktjgs  165 

heroin,  six  grains  of  codeine  or  four  drams  of  chloral. 
Such  verification  can  be  mad,e  by  telephone  or  other- 
wise. Such  prescriptions  so  received  shall  be  filled  out 
at  the  time  of  receiving  the  same  for  the  full  quantity 
prescribed  and  no  prescription  so  received  shall  be  rilled 
out  more  than  ten  days  after  the  date  which  said  pre- 
scription be  dated.  Such  prescription,  from  which  no 
copy  shall  be  taken,  shall  be  retained  by  the  person 
who  dispenses  the  same  and  shall  be  filled  but  once.  A 
separate  file  of  all  such  prescriptions  shall  be  kept  by 
the  pharmacist  or  druggist  filling  the  same,  but  such 
prescriptions  may  be  numbered  consecutively  with  other 
prescriptions  received.  Unless  so  separately  filed  a 
record  must  be  kept  showing: 

1.  The  file  number  given  to  each  prescription  filled; 

2.  The  name  of  the  physician  or  surgeon  signing  the 
same ;  and 

3.  The  name  of  the  person  for  whom  such  prescrip- 
tion is  filled. 

Any  person  who  sells  at  retail,  furnishes  or  dispenses 
any  of  the  drugs  mentioned  in  section  two  hundred  and 
forty-five  of  this  chapter  upon  a  written  prescription  by 
a  duly  registered  physician  or  veterinarian  or  dentist 
shall  at  the  time  of  dispensing  the  same,  place  upon 
the  package  a  label  or  deliver  therewith  a  certificate 
stating  the  name  and  address  of  the  person  selling  or 
furnishing  the  same,  the  name  and  address  of  the  physi- 
cian, veterinarian  or  dentist  upon  whose  prescription 
such  sale  is  made,  the  date  of  sale,  and  the  name  of  the 
person  to  whom  such  sale  is  made.  Any  person,  other 
than  a  manufacturer  of  any  of  the  drugs  mentioned  in 
section  two  hundred  and  forty-five  or  a  Avholesale  dealer 
in  drugs  or  a  licensed  pharmacist,  licensed  druggist, 
duly  registered  practicing  physician,  licensed  veterinar- 
ian or  a  licensed  dentist,  who  shall  possess  any  of  the 
drugs  mentioned  in  section  two  hundred  and  forty-five 
or    their    salts,    derivatives    or    preparations,    shall    be 


166  The  Public  Health  Law 

guilty  of  a  misdemeanor,  unless  said  possession  is 
authorized  by  the  certificate  described  in  this  section. 
Nothing  herein  contained  shall  be  construed  to  prohibit 
the  sale  of  any  of  such  drugs  by  any  manufacturing 
pharmacists  or  chemists  or  wholesale  or  retail  phar- 
macists or  druggists,  to  other  manufacturing  pharma- 
cists or  chemists,  or  wholesale  or  retail  pharmacists, 
or  druggists,  or  to  hospitals,  colleges,  scientific  or  pub- 
lic institutions,  except  that  such  sale  shall  be  made  in 
the  manner  provided  in  the  next  succeeding  section. 
(Added  by  L.  1914,  eh.  363,  am'd  by  L.  1915,  ch.  329, 
in  effect    April  17,  1915.) 

§  247.  Order  blanks;  fling.  The  state  commissioner 
of  health  shall  prepare  and  furnish  to  all  boards  of 
health  or  officers  official  order  blanks,  serially  numbered 
in  duplicate,  bound  in  book  form,  with  carbon  or  trans- 
fer paper  between  the  duplicate  pages.  The  said  official 
order  shall  be  furnished  by  the  local  health  board  or 
officer  to  any  local,  duly  licensed  physician,  dentist, 
pharmacist,  druggist  or  veterinarian,  upon  which  must 
be  written  all  orders  for  the  purchase  of  any  of  the 
drugs  enumerated  in  section  two  hundred  and  forty-five 
of  this  chapter  for  the  use  of  such  physician,  dentist, 
pharmacist,  druggist  or  veterinarian.  It  shall  be  unlaw- 
ful for  any  person  to  sell,  furnish  or  dispose  to  any 
physician,  pharmacist,  druggist,  veterinarian  or  dentist 
any  of  the  drugs  enumerated  in  section  two  hundred  arid 
forty-five  of  this  chapter  without  first  receiving  from  such 
physician,  pharmacist,  druggist,  veterinarian  or  dentist 
an  official  order  blank  as  provided  in  this  section,  which 
official  order  shall  be  retained  by  the  person  or  corpora- 
tion who  sells,  furnishes  or  dispenses  any  of  the  drugs 
enumerated  in  section  two  hundred  and  forty- five  of 
this  chapter,  and  such  official  order  shall  be  kept  in 
a  separate  file  or  book  and  an  entry  made  or  caused  to 
be  made  on  the  order  at  the  time  of  making  such  sale, 
stating  the  date  of  sale,  the  name  and  address  of  the 
purchaser  and  the  name  of  the  person  making  such  sale. 


Habit  Forming  Drugs  167 

In  lieu  of  preparing  and  furnishing  order  blanks  under 
this  section,  however,  the  state  commissioner  of  health 
may  approve  order  blanks  provided  for  in  any  act  of 
congress  regulating  the  purchase  by  and  sale  of  such 
drugs  to  physicians,  pharmacists,  druggists,  veterinar- 
ians and  dentists,  and  may  provide  by  rule  or  regula- 
tion that  the  use  of  such  approved  order  blanks  in  the 
manner  and  for  the  purposes  set  forth  in  this  section 
shall  be  a  sufficient  compliance  with  the  provisions 
hereof.  Such  approval,  rule  or  regulation  may  be  sus- 
pended or  revoked  by  the  commissioner  at  any  time, 
thereby  restoring  all  the  requirements  of  this  section. 
(Added  by  L.  1914,  ch.  363,  am'd  by  L.  1915,  ch.  327, 
in  effect   April  17,  1915.) 

§248.  Physicians,  et  cetera,  to  keep  records.  All  per- 
sons authorized  by  law  to  sell,  administer,  prescribe, 
dispense  or  dispose  of  any  of  the  drugs  enumerated  in 
section  two  hundred  and  forty-five  of  this  chapter,  shall 
forthwith  keep  on  record  the  name  and  address  of  each 
person  to  whom  such  drug  is  dispensed,  given  or  in 
any  manner  delivered  and  the  quantity  so  dispensed, 
given  or  delivered,  and  shall  likewise  keep  a  record  of 
any  disposition  made  of  any  quantity  of  any  such  drug 
referred  to,  whether  such  disposition  be  in  the  prepara- 
tion of  compounds  or  otherwise,  and  if  used  in  the 
preparation  of  compounds  the  quantity  so  used  in  each 
compound  and  where  placed.  Such  record  shall  be  pre- 
served for  two  years  and  shall  always  be  open  for 
inspection  by  the  proper  authorities.  Any  violation  of 
this  section  is  hereby  declared  to  be  a  misdemeanor. 
(Added  by  L.  1914,  ch.  363,  am'd  by  L.  1915,  ch.  327, 
in  effect  April  17,  1915.) 

§  249.  Hypodermic  syringe;  sale  of;  record;  penalty. 
Tt  is  unlawful  for  any  person  to  sell  at  retail  or  to 
furnish  to  any  person  other  than  a  duly  licensed  physi- 
cian, dentist,  or  veterinarian,  an  instrument  commonly 
known  as  a  hypodermic  syringe  or  an  instrument  com- 
monly   known    as    a    hypodermic    needle,    without    the 


168  The  Public  Health  Law 

written  order  of  a  duly  licensed  physician,  dentist,  or 
veterinarian.  Every  person  who  disposes  of  or  sells 
at  retail,  or  furnishes  or  gives  away  to  any  person, 
either  of  the  above  instruments,  upon  the  written  order 
of  a  duly  licensed  physician,  dentist,  or  veterinarian, 
shall,  before  delivering  the  same,  enter  in  a  book  kept 
for  that  purpose  the  date  of  the  sale,  the  name  and 
address  of  the  purchaser,  and  a  description  of  the 
instrument  sold,  disposed  of,  furnished  or  given  away. 
Any  person  or  persons  who  sell,  dispose  of  or  give 
away  an  instrument  commonly  knowrn  as  a  hypodermic 
syringe,  or  an  instrument  commonly  known  as  a  hypo- 
dermic needle,  except  in  the  manner  prescribed  in  this 
section,  shall  be  guilty  of  a  misdemeanor.  (Added  by 
L.  1914,  ch.  363,  am'd  by  L.  1915,  ch.  327,  in  effect 
April  17,  1915.) 

§  249-a.  Commitment  of  habitual  drug  users;  pro- 
cedure; discharge.  The  constant  use  by  any  person  of 
any  habit-forming  drug,  except  under  the  direction  and 
consent  of  a  duly  licensed  physician,  is  hereby  declared 
to  be  dangerous  to  the  public  health.  Whenever  a  com- 
plaint shall  be  made  to  any  magistrate  that  any  person 
is  addicted  to  the  use  of  any  habit-forming  drug,  with- 
out the  consent  or  direction  of  a  duly  licensed  physi- 
cian, such  magistrate,  after  due  notice  and  hearing,  is* 
satisfied  that  the  complaint  is  founded  and  that  the 
person  is  addicted  to  the  use  of  a  habbit-forming  drug, 
shall  commit  such  person  to  a  state,  county  or  city 
hospital  or  institution  licensed  under  the  state  lunacy 
commission,  or  any  correctional  or  charitable  institution 
maintained  by  the  state  or  any  municipality  thereof, 
for  the  treatment  of  disease  or  inebriety.  Any  court 
having  jurisdiction  of  a  defendant  in  a  criminal  pro- 
ceeding,  if  it  appears  that  a  defendant  'is  a  habitual 
drug    user,    may    commit    such    user    for    treatment    as 


*  So   in   original. 


Habit  Forming  Drugs  169 

herein  provided  at  any  stage  of  such  proceeding  against 
such  defendant,  and  may  stay  proceedings,  withhold 
conviction  or  suspend  sentence,  pending  the  period  of 
such  commitment.  Whenever  the  chief  medical  officer 
of  such  institution  shall  certify  to  any  magistrate  that 
any  person  so  committed  has  been  sufficiently  treated 
or  give  any  other  reason  which  is  deemed  adequate 
and  sufficient,  he  may  discharge  the  person  so  com- 
mitted. Every  person  committed  under  the  provisions 
of  this  section  shall  observe  all  the  rules  and  regula- 
tions of  the  institution  or  hospital.  Any  such  person 
who  wilfully  violates  the  rules  and  regulations  of  the 
institution  or  repeatedly  conducts  himself  in  a  dis- 
orderly manner  may  be  taken  before  a  magistrate  by 
the  order  of  the  chief  medical  officer  of  the  institution. 
The  chief  medical  officer  may  enter  a  complaint  against 
such  person  for  disorderly  conduct  and  the  magistrate, 
after  a  hearing  and  upon  due  evidence  of  such  dis- 
orderly conduct,  may  commit  such  person  for  a  period 
of  not  to  exceed  six  months  to  any  institution  to  which 
persons  convicted  of  disorderly  conduct  or  vagrancy 
may  be  committed,  and  such  institution  shall  keep 
such  persons  separate  and  apart  from  the  other  inmates, 
provided  that  nothing  in  this  section  shall  be  construed 
to  prohibit  any  person  committed  to  any  institution 
under  its  provisions  from  appealing  to  any  court  hav- 
ing jurisdiction  for  a  review  of  the  evidence  in  which 
this  commitment  was  made.  (Added  by  L.  1914,  ch. 
363,  am'd  by  L.  1915,  ch.  327,  in  effect  April  17,  1915.) 
§  249-b.  Revocation  of  licenses.  Any  license  hereto- 
fore issued  to  any  physician,  dentist,  veterinarian,  phar- 
macist or  registered  nurse  may  be  revoked  by  the  proper 
officers  or  boards  having  power  to  issue  licenses  to  any 
of  the  foregoing  upon  proof  that  the  licensee  is  addicted 
to  the  use  of  any  habit-forming  drug  or  drugs  after 
giving  such  licensee  reasonable  notice  and  opportunity 
to  be  heard.     Whenever  it  shall  appear  after  one  year 


170  The  Public  Health  Law 

from  date  of  revocation  of  such  license  that  such  licensee 
has  fully  recovered  and  is  no  longer  an  addict  to  any 
of  the  drugs  herein  prohibited,  such  board  may  grant  a 
rehearing  and  in  its  discretion  reissue  the  license  of 
such  licensee.  (Added  by  L.  1914,  ch.  363,  in  effect 
April  14,  1914.) 

§  249-c.  Revocation  of  license  after  conviction.  When- 
ever any  physician,  dentist,  veterinarian,  pharmacist  or 
registered  nurse  is  convicted  in  a  court  having  juris- 
diction of  any  of  the  violations  of  this  article,  any  offi- 
cer or  board  having  power  to  issue  licenses  to  any  such 
physician,  dentist,  veterinarian,  pharmacist,  or  regis- 
tered nurse  may,  after  giving  such  licensee  reasonable 
notice  and  opportunity  to  be  heard,  revoke  the  same. 
(Added  by  L.  1914,  ch.  363,  in  effect  April  14,  1914.) 

§  249-d.  Penalties.  Any  violation  of  any  of  the  pro- 
visions of  this  article  shall  be  deemed  a  misdemeanor, 
except  that  the  sale,  the  offering  for  sale  or  the  giving 
away  or  dispensing  of  the  drugs  mentioned  in  section 
two  hundred  and  forty-five  of  this  act,  otherwise  than 
as  permitted  by  this  act,  to  any  child  under  the  age 
of  sixteen  years  shall  be  deemed  a  felony.  Nothing 
contained  in  this  article  shall  be  construed  to  amend 
or  repeal  section  seventeen  hundred  and  forty-six  of 
the  penal  law.  (Added  by  L.  1914,  ch.  363,  am'd  by 
L.  1915,  ch.  327,  in  effect  April  17,  1915.) 

Regulation  in  regard  to  Official  Order  Blanks  for  the 
Purchase  of  Habit-forming  Drugs,  issued  by  the 
State  Commissioner  of  Health. 

Pursuant  to  the  provisions  of  section  247  of  the 
public  health  law,  as  amended  by  chapter  327  of  the 
laws  of  1915,  I,  Hermann  M.  Biggs,  state  commissioner 
of  health,  hereby  approve  the  order  blanks  provided  for 
by  the  act  of  congress  approved  December  17,  1914,  in 
the  form  set  forth  in  article  8  of  internal  revenue 
regulations    No.    35,    issued    by    the    commissioner    of 


Registration  op  Nurses  171 

internal  revenue  approved  by  the  secretary  of  the 
treasury,  dated  January  15,  1915;  and  I  hereby  rule 
that  the  use  of  the  order  blanks  issued  under  said  act 
of  congress  and  said  internal  revenue  regulations  in 
the  manner  and  for  the  purposes  set  forth  in  section 
247  of  the  public  health  law,  as  amended  by  chapter 
327  of  the  laws  of  1915,  shall  be  a  sufficient  compliance 
with  the  provisions  thereof.  Dated  Albany,  N.  Y., 
April  23,  1915. 

HERMANN  M.  BIG'GS, 
Commissioner  of  Health. 

ARTICLE  XII 

Registration  of  Nurses. 

Section  250.  Who  may  practice  as  registered  nurses. 

251.  Board  of  examiners;    examination;    fees. 

252.  Waiver  of  examination. 

253.  Violations  of  this  article. 

§  250.  Who  may  practice  as  registered  nurses.  Any 
resident  of  the  state  of  New  York,  being  over  the  age 
of  twenty-one  years  and  of  good  moral  character,  hold- 
ing a  diploma  from  a  training  school  for  nurses  con- 
nected with  a  hospital  or  sanitarium  giving  a  course  of 
at  least  two  years,  and  registered  by  the  regents  of  the 
university  of  the  state  of  New  York  as  maintaining  in 
this  and  other  respects  proper  standards,  all  of  which 
shall  be  determined  by  the  said  regents,  and  who  shall 
have  received  from  the  said  regents  a  certificate  of  his 
or  her  qualifications  to  practice  as  a  registered  nurse, 
shall  be  styled  and  known  as  a  registered  nurse,  and  no 
other  person  shall  assume  such  title,  or  use  the  abbre- 
viation R.  N.  or  any  other  words,  letters  or  figures  to 
indicate  that  the  person  using  the  sams  is  such  a  regis- 
tered nurse.  Before  beginning  to  practice  nursing 
every  such  registered  nurse  shall  cause  such  certificate 
to  be  recorded  in  the  county  clerk's  office  of  the  county 


172  The  Public  Health  Law 

of  his  or  her  residence  with  an  affidavit  of  his  or  her 
identity  as  the  person  to  whom  the  same  was  so  issued 
and  of  his  or  her  place  of  residence  within  such  county. 
In  every  thirty-sixth  month  from  the  month  of  January, 
nineteen  hundred  and  six,  every  registered  nurse  shall 
again  cause  his  or  her  certificate  to  be  recorded  in  the 
said  county  clerk's  office,  with  an  affidavit  of  his  or  her 
identity  as  the  person  to  whom  the  same  was  issued, 
and  of  his  or  her  place  of  residence  at  the  time  of  such 
re-registration.  Nothing  contained  in  this  article  shall 
be  considered  as  conferring  any  authority  to  practice 
medicine  or  to  undertake  the  treatment  or  cure  of  dis- 
ease in  violation  of  article  eight  of  this  chapter. 

§  251.  Board  of  examiners;  examination;  fees.  The 
board  of  examiners  of  nurses  appointed  pursuant  to 
laws  of  nineteen  hundred  and  three,  chapter  two  hun- 
dred and  ninety-three,  is  continued.  The  New  York 
state  nurses'  association  at  each  annual  meeting  shall 
nominate  for  examiners  two  of  their  members  who  have 
had  not  less  than  five  years'  experience  in  their  profes- 
sion. Upon  the  expiration  of  the  term  of  office  of  any 
examiner  now  in  office  the  regents  of  the  university  of 
the  state  of  New  York  shall  from  the  candidates  so 
nominated  fill  the  vacancy  for  a  term  of  five  years  and 
until  his  or  her  successor  is  chosen.  An  unexpired  term 
of  an  examiner  caused  by  death,  resignation  or  other- 
wise, shall  be  filled  by  the  regents  in  the  same  manner 
as  an  original  appointment  is  made.  The  said  regents, 
with  the  advice  of  the  board  of  examiners  above  pro- 
vided for,  shall  make  rules  for  the  examination  of 
nurses  applying  for  certification  under  this  article,  and 
shall  charge  for  examination  and  for  certification  a  fee 
of  five  dollars  to  meet  the  actual  expenses,  and  shall 
report  annually  their  receipts  and  expenditures  under 
the  provisions  of  this  article,  to  the  state  comptroller, 
and  pay  the  balance  of  receipts  over  expenditures  to  the 
state  treasurer.  The  said  regents  may  revoke  any  such 
certificate  for  sufficient  cause  after  written  notice  to  the 


Chikopody  173 

holder  thereof  and  hearing  thereon.  No  person  shall 
thereafter  practice  as  a  registered  nurse  under  any  such 
revoked  certificate. 

§  252.  Waiver  of  examination.  The  regents  of  the 
university  of  the  state  of  New  York  may  upon  the 
recommendation  of  said  board  of  examiners,  or  upon 
evidence  satisfactory  to  said  regents,  waive  the  exam- 
ination of  any  persons  possessing  the  qualifications  men- 
tioned in  section  two  hundred  and  fifty,  who  shall  have 
been  graduated  before,  or  who  were  in  training  on  the 
twenty-fourth  day  of  April,  nineteen  hundred  and  -three, 
and  shall  thereafter  be  graduated,  and  of  such  persons 
now  engaged  in  the  practice  of  nursing  and  who  have 
had  six  years'  experience  in  the  .practice  of  nursing  in  a 
general  hospital  prior  to  nineteen  hundred  and  three, 
who  make  application  in  writing  for  such  certificate 
prior  to  July  first,  nineteen  hundred  and  thirteen. 

§  253.  Violations  of  this  article.  Any  violation  of  this 
article  shall  be  a  misdemeanor.  When  any  prosecution 
under  this  article  is  made  on  the  complaint  of  the  New 
York  state  nurses'  association,  the  certificate  of  incor- 
poration of  which  was  filed  and  recorded  in  the  office 
of  the  secretary  of  state  on  the  second  day  of  April, 
nineteen  hundred  and  two,  the  fines  collected  shall  be 
paid  to  said  association  and  any  excess  in  the  amount 
of  fines  so  paid  over  the  expenses  incurred  by  said  as- 
sociation in  enforcing  the  provisions  of  this  article 
shall  be  paid  at  the  end  of  each  year  to  the  treasurer 
of  the  state  of  New  York. 

ARTICLE  XIII 

Chiropody 

Section  270.  Pedic  society  of  the  state  of  New  York. 

271.  Eligibility   to    membership    without    exam- 

ination. 

272.  Board  of  examiners. 


174  The  Public  Health  Law 

Section  273.  Fee  for  certificate  of  qualification. 

274.  Real  and  personal  property. 

275.  Rules  and  regulations. 

276.  Privileges  and  immunities. 

277.  Falsely    and   knowingly    claiming    to    have 

a  certificate,  or  to  be  a  member  of  such 
society,  a  misdemeanor. 

278.  Practicing   without   registering   prohibited. 

279.  Person  not  entitled  to  register  unless  hold- 

ing a  certificate. 

280.  Duty  of  county  clerk. 

281.  Penalty  for  violations  or  neglect  to  comply 

with  this  article. 

282.  Construction  of  this  article. 

§  270.  Pedic  society  of  the  state  of  New  York.  The 
pedic  society  of  the  state  of  New  York  is  continued  and 
the  officers  thereof  shall  hold  office  until  the  expiration 
of  their  respective  terms. 

§  271.  Eligibility  to  practice  without  examination. 
All  chiropodists  practicing  as  such  within  the  state  of 
New  York,  on  or  before  the  third  day  of  June,  eighteen 
hundred  and  ninety-five,  may,  upon  application  to  the 
regents  of  the  university  of  the  state  of  New  York,  and 
upon  offering  evidence  satisfactory  to  said  regents,  re- 
ceive from  them  a  certificate  which  shall  entitle  the 
person  to  whom  it  is  issued  to  practice  chiropody  within 
this  state,  provided  that  said  certificate  be  filed  with 
the  county  clerk  of  the  county  in  which  such  person 
desires  to  practice  chiropody,  and  provided  further  that 
application  for  such  certificate  be  made  to  the  regents 
of  the  university  of  the  state  of  New  York  on  or  before 
January  first,  nineteen  hundred  and  fourteen. 

§  272.  Examinations.  On  and  aft^r  September  first, 
nineteen  hundred  and  twelve,  no  person  not  heretofore 
legally  authorized  to  practice  chiropody  in  the  state  of 
New  York  shall  be  permitted  to  engage  in  such  practice 


Chiropody  175 

unless  he  shall  have  been  duly  licensed  so  to  do  by  the 
regents  of  the  university  of  the  state  of  New  York,  on 
the  recommendation  of  the  state  board  of  medical  ex- 
aminers. 

The  regents  shall  admit  to  examinations  any  candi- 
date who  pays  a  fee  of  twenty-five  dollars  and  submits 
evidence  verified  by  oath  and  satisfactory  to  the  regents 
that  he  is 

(a)  More  than  twenty-one  years  of  age; 

(b)  Is  of  good  moral  character; 

(c)  Has  a  preliminary  education  satisfactory  to  the 
requirements  of  the  board  of  regents; 

(d)  Has  graduated  from  a  school  of  chiropody  main- 
taining a  standard  satisfactory  to  the  regents. 

Applicants  from  other  states  and  countries,  present- 
ing credentials  accepted  as  satisfactory  by  the  regents 
and  showing  that  they  have  been  legally  practicing 
chiropody  for  five  years,  may  be  admitted  to  a  licensing 
examination  in  chiropody. 

A  school  of  chiropody  shall  not  matriculate  a  student 
whose  academic  education  is  not  equivalent  to  the  stand- 
ard required  by  the  board  of  regents. 

The  state  board  of  medical  examiners,  or  a  committee 
thereof,  shall  submit  to  the  regents  as  required,  lists  of 
suitable  questions  for  examination  in  anatomy  and  phy- 
siology of  the  feet,  therapeutics,  chemistry,  minor  sur- 
gery and  bandaging.  From  these  lists,  the  regents  shall 
prepare  question  papers  for  all  these  subjects,  which  at 
any  examination  shall  be  the  same  for  all  candidates. 

Examinations  for  licenses  in  chiropody  shall  be  given 
at  the  medical  examinations  whenever  and  wherever 
held  in  this  state,  in  accordance  with  the  regents'  rules, 
and  shall  be  exclusively  in  writing  and  in  English. 
Such  examinations  shall  be  conducted  by  a  regents' 
official,  who  shall  not  be  one  of  the  state  medical  exam- 
iners. At  the  close  of  each  examination,  the  regents' 
official  in  charge  shall  deliver  the  questions  and  answer 


176  The  Public  Health  Law 

papers  to  the  state  board  of  medical  examiners,  or  to 
its  duly  authorized  committee,  who,  without  unnecessary 
delay,  shall  examine  and  mark  the  answers  and  trans- 
mit to  the  regents  an  official  report  signed  by  the 
secretary  of  the  state  board  of  medical  examiners,  stat- 
ing the  standing  of  each  candidate  in  each  branch  and 
his  general  average,  such  report  shall  include  the  ques- 
tions and  answers  and  shall  be  filed  in  the  public  rec- 
ords of  the  university.  If  a  candidate  fails  on  first 
examination,  he  may,  after  not  less  than  six  months' 
further  study,  have  a  second  examination  without  fee. 
If  the  failure  be  from  illness  or  other  cause  satisfac- 
tory to  the  regents,  they  may  waive  the  required  six 
months'  study. 

On  receiving  from  the  state  board  of  medical  exam- 
iners an  official  report  that  an  applicant  has  success- 
fully passed  the  examination  and  is  recommended  for 
license,  the  regents  shall  issue  a  license  to  practice 
chiropody  in  keeping  with  the  definition  of  chiropody, 
as  given  in  this  article.  Every  license  shall  be  issued 
by  the-  university  under  seal  and  shall  be  signed  by 
each  acting  examiner  in  chiropody,  by  the  secretary 
of  the  state  board  of  medical  examiners  and  by  the 
officer  of  the  university  who  approved  the  credentials 
which  admitted  the  candidate  to  examination  and  shall 
state  that  the  licensee  has  given  satisfactory  evidence 
of  fitness  as  to  age,  character,  preliminary  and  pro- 
fessional education  and  of  any  other  matters  required 
by  law,  and  that  after  full  examination  he  has  been 
found  properly  qualified  to  practice  chiropody.  If  any 
person  whose  registration  is  not  legal,  because  of  some 
error,  misunderstanding  or  unintentional  omission,  shall 
submit  satisfactory  proof  that  he  had  all  requirements 
prescribed  by  law,  at  the  time  of  his  imperfect  regis- 
tration or  irregular  practice  and  was  entitled  to  be 
legally  registered,  he  may,  on  unanimous  recommenda- 
tion  of   the   state  board   of  medical  examiners,   receive 


Chiropody  177 

from  the  regents,  under  seal,  a  certificate  of  the  facts 
which  may  be  registered  by  any  county  clerk  and  shall 
make  valid  the  previous  imperfect  registration  or  ir- 
regular practice.  Before  any  license  is  issued,  it  shall 
be  numbered  and  recorded  in  a  book  kept  in  the  regents' 
office  and  its  number  shall  be  noted  in  the  license  and 
a  photograph  of  the  licensee  filed  with  the  records 
This  record  shall  be  open  to  public  inspection  and  in 
all  legal  proceedings  shall  have  the  same  weight  as  evi- 
dence as  is  given  to  a  record  of  conveyance  of  land. 

§  273.  Expenses.  The  fees  derived  from  the  operation 
of  this  article  shall  be  paid  into  the  state  treasury,  and 
the  legislature  shall  annually  appropriate  therefrom 
for  the  education  department  an  amount  sufficient  to 
pay  all  proper  expenses  incurred  pursuant  to  this 
article. 

§  274.  Real  and  personal  property.  The  said  "The 
pedic  society  of  the  state  of  New  York  "  may  purchase 
and  hold  such  real  and  personal  estate  as  the  pur- 
poses of  its  corporation  may  require,  but  such  prop- 
erty shall  not  exceed  in  value  the  sum  of  one  hundred 
and   fifty  thousand   dollars. 

§  275.  Rules  and  regulations.  The  said  "  The  pedic 
society  of  the  state  of  New  York  "  may  make  all  needful 
by-laws,  rules  and  regulations  not  inconsistent  with  any 
existing  law,  for  the  management  of  its  affairs  and 
property.  The  said  "  The  pedic  society  of  the  state  of 
New  York "  shall  adopt  and  from  time  to  time  re- 
vise, add  to,  alter,  amend  or  annul  rules  and  formulas 
for  the  proper  use  of  antiseptics  in  the  practice  of 
chiropody  for  the  purpose  of  preventing  diseases  of  the 
feet.  And  any  chiropodist  who  performs  any  act  of 
chiropody  after  receiving  a  copy  of  such  rules  and 
formulas  without  complying  therewith  and  thereby 
causes  septicemia  or  pyemia  or  other  diseases  shall  on 
proof  thereof  be  liable  to  the  person  so  injured  in  dam- 
ages to  be  sued  for  and  ascertained,  in  an  action  at  law 


178  The  Public  Health  Law 

before  any  court  of  record  of  this  state  and  proof  of 
non-compliance  with  such  rules  and  formulas  or  any 
of  them  after  notice  shall  in  any  such  action,  be  pre- 
sumptive  evidence  of  malpractice. 

§  276.  Privileges  and  immunities.  The  said  "  The 
pedic  society  of  the  state  of  New  York  "  shall  be  enti- 
tled to  all  the  privileges  and  immunities  granted  to 
medical,   dental  and  veterinary  societies  of  this  state. 

§  277.  Falsely  and  knowingly  claiming  to  be  a  mem- 
ber of  such  society,  a  misdemeanor.  Any  person  who 
shall  knowingly  and  falsely  and  with  intent  to  deceive 
the  public,  claim  or  pretend  to  be  a  member  of  said 
pedic  society,  not  being  such  member,  shall  be  deemed 
guilty   of   a   misdemeanor   and   punished   accordingly. 

§  278.  Practicing  without  registering  prohibited.  Every 
license  to  practice  chiropody  before  the  licensee  begins 
practicing  thereunder  shall  be  registered  in  a  book  kept 
in  the  clerk's  office  of  the  county  where  such  practice 
is  to  be  carried  on,  with  the  name,  the  residence,  the 
place  and  date  of  birth,  and  the  source,  the  number  and 
date  of  his  license  to  practice.  Before  registering, 
each  licensee  shall  file,  to  be  kept  in  a  bound  volume  in 
a  county  clerk's  office,  an  affidavit  of  the  above  facts, 
and  also  that  he  is  the  person  named  in  such  license 
and  had  before  receiving  the  same  complied  with  all 
requirements  as  to  attendance  and  amount  of  study  and 
examinations  required  by  law  and  the  rules  of  the  uni- 
versity as  preliminary  to  the  conferment  thereof;  that 
no  money  was  paid  for  such  license  except  the  regular 
fees  paid  by  all  applicants  therefor;  that  no  fraud,  mis- 
representation or  mistake  in  any  material  regard  was 
employed  by  any  one  or  occurred  in  order  that  such 
should  be  conferred.  Every  license,  or  if  lost,  a  copy 
thereof,  legally  certified  so  as  to  be  admissible  as  evi- 
dence, or  a  duly  attested  transcript  of  the  record  of  its 
conferment  shall,  before  registering,  be  exhibited  to  the 
county    clerk,    who,   only    in   case   it    was   issued   or   in- 


Chiropody  179 

dorsed  as  a  license  under  seal  by  the  regents  shall  in- 
dorse or  stamp  on  it  the  date  and  his  name,  preceded 
by    the    words    "  registered    as    authority    to    practice 

chiropody  in  the  clerk's  office  of   county." 

The  clerk  shall  thereupon  give  to  every  chiropodist  so 
registered,  a  transcript  of  the  entries  in  the  register  with 
a  certificate,  under  seal,  that  he  has  filed  the  pre- 
scribed affidavit.  The  regents  may,  in  their  discretion 
and  for  cause  deemed  by  them  to  be  satisfactory,  in- 
dorse as  a  license  a  certificate  issued  by  the  Pedic  So- 
ciety of  the  State  of  New  York,  prior  to  September  first, 
nineteen  hundred  and  twelve,  notwithstanding  the.  fail- 
ure of  the  holder  thereof  to  cause  the  same  to  be  regis- 
tered prior  to  such  date  as  required  by  the  law  then 
in  force,  provided  application  for  such  indorsement  be 
made  within  three  months  after  the  taking  effect  of  this 
act.  (AmM  by  L.  1912,  ch.  199  and  L.  1914,  ch.  317, 
in  effect  April  14,  1914.) 

§  279.  Persons  not  entitled  to  register  unless  holding  a 
license.  No  person  shall  be  entitled  to  register  as  a 
chiropodist  unless  he  or  she  shall  hold  the  license  pro- 
vided for  in  section  two  hundred  and  seventy-two  of 
this  article,  or  a  certificate  issued  by  the  Pedic  Society  of 
the  State  of  New  York,  and  indorsed  by  the  regents  as 
provided  in  the  preceding  section.  Every  unrevoked  cer- 
tificate and  indorsement  of  registry  made  as  provided  in 
this  article,  shall  be  presumptive  evidence  in  all  courts 
and  places  that  the  person  named  therein  is  legally  regis- 
tered. After  September  first,  nineteen  hundred  and 
twelve,  no  person  shall  register  any  authority  to  practice 
chiropody  unless  it  has  been  issued  or  indorsed  as  a 
license  by  the  regents.  No  such  registration  shall  be 
valid  unless  the  authority  registered  constituted  at  the 
time  of  the  registration  a  license  under  the  laws  of  the 
state  then  in  force.  (Am'd  by  L.  1912,  ch.  199  and  L. 
1914,  ch.  317,  in  effect  April  14,  1914.) 

§  280.  Duty   of   county   clerk.     The   county   clerk   of 


180  The  Public  Health  Law 

each  county  shall  provide  a  book  to  be  known  as  the 
register  of  chiropodists,  in  which  shall  be  recorded  the 
matters  in  section  two  hundred  and  seventy-eight  of 
this  article  set  forth,  and  shall  thereupon  give  to  every 
registrant  a  transcript  of  the  entries  in  the  register 
with  a  certificate  under  seal  that  he  has  filed  the  pre- 
scribed affidavits.  Every  applicant  who  shall  have 
complied  with  the  foregoing  provisions  and  shall  be 
admitted  to  registration  shall  pay  to  the  clerk  of 
said  county  the  sum  of  one  dollar,  which  shall  be 
received  as  full  compensation  for  such  registration,  affi- 
davit and  certificate.  A  practicing  chiropodist  having 
registered  a  lawful  authority  to  practice  chiropody  in 
one  county  and  removing  such  practice  or  a  part  thereof 
to  another  county  or  regularly  engaged  in  practicing 
or  opening  an  office  in  another  county,  or  shall  have  his 
office,  practice  or  any  part  thereof  removed  from  one 
county  to  another  by  an  act  of  legislature  creating  a 
new  county  from  a  then  existing  county,  thereby  caus- 
ing his  office  or  practice  to  be  situated  in  a  new  county, 
shall  show  or  send  by  registered  mail  to  the  clerk  of 
such  other  or  new  county  his  certificate  of  registration. 
If  such  certificate  clearly  shows  that  the  original  regis- 
tration was  under  the  provisions  of  any  law  now  or 
heretofore  in  effect  or  of  an  authority  issued  under  seal 
by  the  regents,  or  if  the  certificate  itself  is  indorsed 
by  the  regents  as  entitled  to  registration,  the  clerk  shall 
thereupon  register  the  applicant  in  the  latter  or  new 
county  on  receipt  of  a  fee  of  twenty-five  cents,  and  shall 
stamp  or  indorse  on   such  certificate  the  date  and  his 

name  preceded  by  the  words  "  registered  also  in  

county,"  and  return  the  certificate  to  the  applicant. 
(Am'd  by  L.  1912,  ch.  199  and  L.  1915,  ch.  55,  in 
effect  March  11,  1915.) 

§  281.  Penalty  for  violations  or  neglect  to  comply  with 
this  article.  Any  person  who  shall  present  to  any 
county  clerk  for  the  purpose  of  registration,  any  license 


Chiropody  181 

which  has  been  fraudulently  obtained,  or  shall  obtain 
any  license  under  this  article  by  any  false  or  fraudulent 
statement  or  representation,  or  shall  practice  chiropody 
or  any  branch  thereof  within  this  state  without  con- 
forming to  the  requirements  of  this  article,  or  shall 
otherwise  violate  or  neglect  to  comply  with  any  of  the 
provisions  of  this  article,  shall  be  guilty  of  a  misde- 
meanor, and  shall  on  conviction,  for  each  and  every 
offense  be  punished  by  a  fine  of  not  less  than  fifty  dol- 
lars nor  more  than  one  hundred  dollars,  or  by  impris- 
onment for  a  term  not  less  than  thirty  days  and  not 
more  than  one  year,  or  by  both  fine  and  imprisonment. 
Any  person  who  shall  practice  chiropody  under  a  false 
or  assumed  name  or  shall  falsely  personate  another 
practitioner  or  former  practitioner  of  a  like  or  differ- 
ent name,  shall  likewise  be  guilty  of  a  misdemeanor 
and  punished  accordingly.  The  regents  may  revoke  the 
license  of  a  chiropodist  or  annul  his  registration  or  do 
both  in  any  of  the  following  cases : 

(a)  Conviction  of  a  felony;  (b)  Fraud  or  deceit  in 
practice;  (c)  If  the  practitioner  be  a  habitual  drunkard 
or  be  habitually  addicted  to  tl;e  use  of  morphine,  opium, 
cocaine,  or  other  drugs  having  a  similar  effect;  (d)  If 
the  practitioner  undertakes  or  engages  in  any  prac- 
tice beyond  the  privileges  and  rights  accorded  to  him 
in  his  license;  (e)  If  his  license  has  been  obtained 
through  any  false  or  fraudulent  representations  or  ac- 
tions upon  his  part. 

Proceedings  for  the  revocation  of  a  license  or  the 
annulment  of  a  registration  shall  be  begun  by  filing 
the  written  charge  or  charges  against  the  accused. 
These  charges  may  be  preferred  by  any  person  or  cor- 
poration, or  the  regents  may  on  their  own  motion  direct 
the  executive  officer  of  the  board  of  regents  to  prefer 
said  charges.  Said  charges  shall  be  filed  with  the  ex- 
ecutive officer  of  the  board  of  regents  and  a  copy  thereof 
shall  be  filed  with  the  secretary  of  the  board  of  medical 


1S2  The  Public  Health  Law 

examiners,  which  latter  body  shall  designate  a  com- 
mittee, of  their  number,  to  hear  and  determine  said 
charges.  The  time  and  place  for  the  hearing  of  said 
charges  shall  be  fixed  by  said  committee  as  soon  as 
convenient,  and  a  copy  of  the  charges,  together  with  a 
notice  of  the  time  and  place  when  they  will  be  heard 
and  determined,  shall  be  served  upon  the  accused  or 
his  counsel  at  least  ten  days  before  the  date  actually 
fixed  for  such  hearing.  Service  shall  be  in  person  or  by 
publication  and  shall  indicate  a  definite  time  and  place 
for  a  hearing.  At  said  hearing  the  accused  shall  have 
the  right  to  cross-examine  the  witnesses  against  him 
and  to  produce  witnesses  in  his  defense  and  to  appear 
personally  or  by  counsel.  The  said  committee  shall 
make  a  written  report  of  its  findings  and  recommenda- 
tions to  be  signed  by  all  its  members  and  the  same  shall 
be  forthwith  transmitted  to  the  executive  officer  of  the 
board  of  regents.  If  the  said  committee  shall  unan- 
imously find  that  said  charges  or  any  of  them  are  sus- 
tained and  shall  unanimously  recommend  that  the  li- 
cense of  the  accused  be  revoked  or  his  registration  be 
annulled,  the  regents  may  thereupon,  in  their  discre- 
tion, revoke  said  license  or  annul  said  registration,  or 
do  both.  If  the  regents  annul  such  registration,  they 
shall  forthwith  transmit  to  the  clerk  of  the  county  or 
counties  in  which  said  accused  is  registered  as  a 
chiropodist,  a  certificate  under  their  seal  certifying  that 
such  registration  has  been  annulled,  and  said  clerk  shall, 
upon  receipt  of  such  certificate,  file  the  same  and  forth- 
with mark  said  registration  "Annulled."  Any  person 
who  shall  practice  chiropody,  after  his  registration  has 
been  marked  "Annulled,"  shall  be  deemed  to  have 
practiced  chiropody  without  registration,  and  in  viola- 
tion of  this  article.  But  nothing  in  this  article  shall 
be  construed  to  prohibit  any  duly  and  legally  licensed 
or  authorized  physician  or  surgeon  from  practicing 
chiropody  or  any  branch  thereof.  When  any  prosecu- 
tion   under   this    article   is   made   on   the   complaint   of 


Embalming  and  Undertaking  183 

"  The  pedic  society  of  the  state  of  New  York,"  the 
fines  when  collected  shall  be  paid  to  the  said  "  The  pedic 
society  of  the  state  of  New  York,"  and  any  excess  of 
the  amount  of  such  fines  over  the  expenses  incurred 
by  the  said  society  in  enforcing  the  law  of  this  state 
relating  to  the  practice  of  chiropody,  shall  be  paid  at 
the  end  of  the  year  by  the  said  society  to  the  treas- 
urer of  the  state  of  New  York  for  the  common  school 
fund.  (Am'd  by  L.  1912,  ch.  199,  in  effect  Sept.  1, 
1912.) 

§  282.  Construction  of  this  article.  For  the  purpose 
of  this  article  "  chiropody  "  is  understood  to  be  the  sur- 
gical treatment  of  abnormal  nails,  all  superficial  ex- 
crescenses  occurring  on  the  hands  and  feet,  such  as 
corns,  warts  or  callosities,  and  the  treatment  of  bunions; 
but  it  shall  not  confer  the  right  to  operate  upon  the 
hands  or  feet  for  congenital  or  acquired  deformities. 
or  for  conditions  requiring  the  use  of  anaesthetics  other 
than  local,  or  incisions  involving  structures  below  the 
level  of  the  true  skin. 

ARTICLE  XIV 
Embalming  and  undertaking 

Section  290.  Board  of  embalming  examiners. 

291.  Corporate    name;     powers    and    duties    of 

board. 

292.  Examination    questions    and    appointments 

for  examinations. 

293.  Application  for  license  and  examination. 

294.  Duty   of   state  board   of   health   concerning 

reports  of  examination. 

295.  License  to  practice  as  undertaker. 

296.  Reciprocal  licenses;    license  not  assignable. 

297.  Application  of  income  derived  from  licenses. 

298.  Prohibiting  practice  of  embalming  without 

a  license. 

299.  Violations  of  article. 


184  The  Public  Health  Law 

§  290.  Board  of  embalming  examiners;  compensation. 
The  board  of  embalming  examiners  of  the  state  of  New 
York  is  continued.  The  members  of  said  board  now  in 
office  shall  continue  in  office  until  the  expiration  of 
their  respective  terms.  The  board  shall  consist  of  five 
members  appointed  by  the  governor,  each  of  whom 
shall  serve  for  a-  term  of  three  years.  Any  vacancies 
occurring  in  said  board  shall  be  filled  by  the  governor, 
for  the  unexpired  term.  The  governor  may  remove 
from  office  any  member  of  said  board  of  examiners  for 
continued  neglect  of  any  of  the  duties  imposed  upon 
him  by  this  article,  or  for  incompetency  or  improper 
conduct.  No  person  shall  be  eligible  to  appointment 
as  a  member  of  said  board  unless  he  shall  have  had  an 
experience  of  at  least  five  years  as  a  practical  embalmer, 
duly  licensed  as  such.  Each  member  of  said  board  shall 
receive  an  annual  salary  of  two  hundred  dollars  and 
in  addition  thereto  all  necessary  expenses  incurred  in 
the  performance  of  his  duties.  The  secretary  shall  re- 
ceive an  annual  salary  of  one  thousand  dollars  in  addi- 
tion to  his  salary  as  a  member.  The  salaries  provided 
for  in  this  section,  however,  shall  be  payable  only 
from  the  moneys  collected  and  received  by  said  board 
as  provided  in  this  article.  ( Am'd  by  L.  1911,  ch.  S41, 
and  L.  1913,  ch.  71,  in  effect  March  22,  1913.) 

§  291.  Corporate  name;  powers  and  duties  of  board. 
Said  board  shall  be  known  by  the  name  "  Board  of 
embalming  examiners  of  the  state  of  New  York."  Every 
person  appointed  to  serve  on  said  board  shall  receive 
a  certificate  of  his  appointment  from  the  governor  of 
the  state  of  New  York,  and  within  fifteen  days  after 
receiving  such  certificate,  shall  take,  subscribe  and  file, 
in  the  office  of  the  secretary  of  state,  the  oath  prescribed 
by  the  thirteenth  article  of  the  constitution  of  the  state 
of  New  York.  The. board  may  adopt  a  common  seal 
and  shall  elect  from  its  membership  a  president  and 
secretary.      Said   board   shall   ascertain  what  constitute 


Embalming  and  Undertaking  185 

the  best  tests  for  determining  whether  life  is  extinct, 
and  shall  prescribe  the  using  of  such  tests,  before  em- 
balming, as  they  may  deem  necessary;  and  all  persons 
thereafter  embalming  the  dead  shall  apply  such  tests 
prescribed  before  injecting  any  iluid  into  any  body.  Said 
board  by  its  presiding  officer  may  issue  subpoenas  and 
administer  oaths  to  witnesses,  and  a  quorum  of  said 
board,  which  shall  consist  of  not  less  than  three  mem- 
bers, and  any  committees  thereof,  is  hereby  authorized 
to  take  testimony  concerning  matters  within  its  juris- 
diction. Said  board  shall,  from  time  to  time,  make  and 
adopt  rules,  regulations  and  by-laws  not  inconsistent 
with  law,  whereby  the  performance  of  the  duties  of  said 
board  and  the  transaction  of  the  business  and  the  prac- 
tice of  embalming  and  undertaking  shall  be  regulated 
and  performed,  subject  to  the  approval  of  the  state  de- 
partment of  health.  A  certified  copy  of  any  of  said  rules 
and  regulations,  attested  as  true  and  correct  by  the  sec- 
retary of  said  board  of  embalmers,  shall  be  presumptive 
evidence  of  the  regular  making,  adoption  and  approval 
thereof.  The  said  board  may  investigate  all  alleged  vio- 
lations of  the  statutes  relating  to  embalming  and  under- 
taking, and  of  all  rules  and  regulations  adopted  as 
provided  in  this  section.  It  may  revoke  any  license  upon 
proof  that  the  same  was  procured  by  fraud  or  that  the 
holder  thereof  has  been  guilty  of  a  violation  of  any  of 
such  statutes  or  rules  and  regulations.  (Am'd  by  L. 
1913,  ch.  71,  in  effect  March  11,  1913.) 

§  292.  Examination  questions  and  appointments  for 
examinations.  For  the  purpose  of  providing  for  and 
securing  uniform  examination  throughout  the  state,  and 
requiring  a  proper  standard  of  qualification  for  all  can- 
didates, the  said  board  of  embalming  examiners  shall, 
from  time  to  time,  submit  to  the  state  department  of 
health,  lists  of  examination  questions  for  the  thorough 
examination  of  applicants  for  license  as  embalmers,  in 
accordance  with  the  rules  and  regulations  made,  adopted 


186  The  Public  Health  Law 

and  approved  as  hereinbefore  prescribed.  Said  exam- 
ination questions  shall  pertain  to  embalming,  sanita- 
tion and  disinfection.  For  the  purpose  of  examining 
applicants  for  license  as  embalmers  the  said  state  de- 
partment of  health  shall  appoint  the  times  and  places 
for  holding  examinations,  which  examinations  shall  be 
held  at  least  once  in  each  three  months.  Such  appoint- 
ment shall  be  made  with  due  regard  to  the  convenience 
of  applicants  and  the  public  service.  Said  state  depart- 
ment of  health  shall  also  prescribe  the  mode  and  manner 
of  such  examinations  and  appoint  the  examiner  to  con- 
duct the  same,  and  such  examinations  shall  be  had  and 
taken  upon  questions  selected  by  said  state  department 
of  health  from  the  lists  hereinbefore  required  to  be 
submitted  by  said  board  of  embalming  examiners,  and 
upon  such  other  questions  as  they  shall  deem  proper. 
§  293.  Application  for  license  and  examination.  Every 
person  desiring  to  engage  in  the  business  or  practice  of 
embalming,  within  the  state  of  New  York,  shall  make  a 
written  application  to  the  said  board  of  embalming  ex- 
aminers for  an  examination  for  an  embalmer's  license, 
accompanying  the  same  with  the  application  fee  of  five 
dollars,  and  with  a  certificate  of  some  reputable  person, 
that  said  applicant  is  more  than  twenty-one  years  of  age, 
is  of  good  moral  character,  and  has  obtained  a  common 
school  education,  whereupon  the  secretary  of  said  board 
of  embalming  examiners  shall  issue  to  said  applicant 
a  permit  to  enter  any  examination  held  pursuant  to  the 
provisions  of  this  article.  At  the  close  of  every  such  ex- 
amination, the  questions  submitted  and  the  answers 
made  thereto  by  the  applicant,  shall  be  forthwith  de- 
livered, by  the  examiner  conducting  such  examination, 
to  the  board  of  embalming  examiners,  who  shall,  with- 
out unnecessary  delay,  transmit  to  the  state  board  of 
health  an  official  report  thereon,  signed  by  its  president 
and  secretary,  stating  in  detail  the  result  of  the  exam- 
ination of  each  candidate.     Such  report  shall  embrace 


Embalming  and  Undeetaking  187 

all    the    examination    papers,    questions    and    answers 
thereto,  and  shall  be  kept  for  reference  and  inspection 
among  the  public  records  of  the  state  board  of  health. 
(Am'd  by  L.  1913,  ch.  71,  in  effect  March  11,  1913.) 

§  294.  Duty  of  state  board  of  health  concerning  re- 
ports of  examination.  On  receiving  such  official  reports 
of  the  examination  of  applicants  for  license,  the  state 
board  of  health  shall  examine  and  verify  the  same,  and 
thereupon  recommend  for  license  by  the  board  of  em- 
balming examiners,  those  applicants  who  shall,  in  their 
judgment,  be  duly  qualified  to  practice  embalming  of 
human  dead  bodies  in  the  state  of  New  York,  upon 
said  applicant  paying  to  the  secretary  of  the  board  of 
embalming  examiners  an  examining  and  licensing  fee 
of  ten  dollars.  Said  license,  when  issued  shall  be  re-- 
corded  by  the  board  of  embalming  examiners,  and  such 
record  shall  be  open  to  public  inspection.  (Am'd  by 
L.  1913,  ch.  71,  in  effect  March  11,  1913.) 

§  295.  License  to  practice  as  undertaker.  Any  person 
who,  at  the  time  this  section  as  hereby  amended  takes 
effect,  shall  be  actually  engaged  in  the  business  of  un- 
dertaking and  who  desires  to  continue  in  such  business 
shall,  on  or  before  December  thirty-first,  nineteen  hun- 
dred thirteen,  file  with  the  board  of  embalming  exam- 
iners a  verified  written  application  for  authority  to  do 
business  as  an  undertaker,  stating  therein  the  fact  of 
his  having  been  so  engaged  in  business  and  accompany- 
ing the  same  with  the  payment  of  a  fee  of  five  dollars, 
and  said  board  shall  thereupon  issue  to  said  applicant 
a  license  to  do  business  as  an  undertaker.  Every 
undertaker,  who  shall  take  into  his  employ  an  appren- 
tice shall  report  to  the  board  of  embalming  examiners 
within  three  months  thereafter  that  fact  together  with 
such  further  information  as  the  board  may  by  regu- 
lation require  for  registration.  The  board  shall  issue 
to  such  apprentice,  when  his  character  and  qualifications 
are    satisfactory,    a    certificate    of    registration    as    a 


1S8  The  Public  Health  Law 

"  registered  apprentice."  The  fee  for  such  registration 
shall  be  one  dollar.  An  application  for  a  license  to  do 
business  as  an  undertaker  shall  contain  the  name,  resi- 
dence and  place  of  business  of  the  applicant,  and  a 
statement  of  the  times  and  places  where  he  has  been 
employed  as  an  apprentice  to  an  undertaker,  accom- 
panied with  such  proof,  by  affidavit  or  otherwise,  as 
the  board  may  require  showing  that  the  applicant  had 
served  as  an  apprentice  to  an  undertaker  for  at  least 
two  years  in  the  aggregate;  but  the  application  above 
provided  for  shall  not  be  required  of  a  person  actually 
engaged  in  the  business  of  undertaking  at  the  time  this 
amendment  takes  effect.  Satisfactory  proof  of  prac- 
tical experience  with  an  undertaker  for  said  period, 
or  any  portion  thereof  prior  to  the  passage  of  this  act, 
may  be  accepted  by  said  board  in  lieu  of  the  certifi- 
cate herein  provided.  After  June  first,  nineteen  hun- 
dred and  fifteen  no  candidate  shall  be  eligible,  to  enter 
such  examinations,  unless  his  certificate  of  registration 
shall  have  been  filed  as  herein  provided.  An  applica- 
tion fee  of  five  dollars  shall  accompany  the  applica- 
tion. The  secretary  of  the  board  shall  issue  to  the 
applicant  a  permit  to  enter  any  examination  for  the 
license  provided  for  in  this  section.  Upon  the  appli- 
cant's passing  a  satisfactory  examination  in  sanitation, 
disinfection,  preparation  and  care  of  human  dead  bodies 
for  burial  or  transportation,  the  board  shall  issue  to 
said  applicant,  on  payment  of  a  further  fee  of  five  dol- 
lars, a  license  to  engage  in  the  business  of  undertaking. 
If  a  firm  or  corporation  shall  desire  to  engage  in  the 
business  or  practice  of  undertaking  at  least  one  member 
of  such  firm  and  the  manager  of  each  place  of  business 
conducted  by  a  corporation  shall  be  a  licensed  under- 
taker; and  no  member  of  a  firm  whose  duties  engage 
him  in  the  care,  proparation,  disposal  and  burial  of 
doad  human  bodies  shall  discharge  the  duties  of  his 
employment  unless  he   shall  be  licensed  in  accordance 


Embalming  and  Undertaking  189 

with  the  provisions  of  this  article.  Nor  shall  an  under- 
taker firm  or  corporation  permit  an  assistant  who  is 
not  a  duly  licensed  undertaker  or  embalmer  or  registered 
apprentice  to  assume  the  care  or  preparation  for  burial 
or  transportation  of  the  body  of  any  person  who  has  died 
of  a  communicable  disease.  No  person  shall  practice  or 
hold  himself  out  as  an  undertaker  unless  he  has  com- 
plied with  the  provisions  of  this  section  or  with  chapter 
four  hundred  and  ninety-eight  of  the  laws  of  nineteen 
hundred  and  four,  as  amended  by  chapter  five  hundred 
and  seventy-two  of  the  laws  of  nineteen  hundred  and 
five,  or  by  chapter  eight  hundred  and  forty-one  of  the 
laws  of  nineteen  hundred  and  eleven.  (Am'd  by  L. 
1911,  ch.  841  and  L.  1913,  eh.  71,  in  effect  March  11, 
1913.) 

§  296.  Reciprocal  licenses;  license  not  assignable.  Any 
bolder  of  a  license  issued  by  state  authority  in  any  other 
state  maintaining  a  system  and  standard  of  examination 
for  licenses  to  engage  in  the  business  of  undertaking,  or 
of  the  practice  of  embalming  which  in  the  judgment  of 
the  board  shall  be  substantially  equivalent  to  those 
required  in  this  state  for  the  issue  of  licenses  therefor, 
may  obtain  a  license  from  the  board  under  the  provisions 
of  this  article  without  examination,  in  the  discretion  of 
the  board,  upon  payment  of  the  application  and  license 
fees  provided  for  herein.  A  copy  of  any  license  issued 
by  said  board  or  of  any  rules,  regulations,  applications 
or  other  records  or  files  of  said  board  duly  certified  as 
correct  by  the  secretary  of  the  board  of  embalming  ex- 
aminers shall  be  entitled  to  be  admitted  in  evidence  in 
any  of  the  courts  of  this  state,  and  shall  be  presumptive 
evidence  as  to  the  facts  therein  contained.  Every  person 
licensed  pursuant  to  the  provisions  of  this  article  shall 
register  that  fact  in  the  office  of  the  board  of  health 
of  the  city,  town  or  place  in  which  it  is  proposed  to 
carry  on  said  business,  and  shall  display  such  license 
in  a  conspicuous  place  in  the  office  or  place  of  business 
of  such  licensee.     No  license  granted  or  issued  by  said 


190  The  Public  Health  Law  . 

board  shall  be  assignable,  and  every  such  license  shall 
specify  by  name  the  person  to  whom  it  shall  be  issued, 
and  not  more  than  one  person  shall  practice  embalming 
under  one  license.  This  section  shall  not  apply  to  any 
personal  representative  of  any  deceased  undertaker  to 
whom  a  license  shall  have  been  issued  under  this  article, 
who  engages  in  the  business  of  undertaking  and  embalm- 
ing with  a  person  duly  authorized  to  practice  the  same 
under  the  provisions  of  this  article.  (Anvd  by  L.  1913, 
ch.  71,  in  effect  March  11,  1913.) 

§  297.  Application  of  income  derived  from  licenses. 
From  the  income  derived  under  this  article,  the  board 
of  embalming  examiners  may  pay,  not  to  exceed  said 
income,  all  proper  expenses  incurred  by  reason  of  its 
provisions,  including  those  incurred  by  the  said  state 
board  of  health. 

§  298.  Prohibiting  practice  of  embalming  without  a 
license.  Ko  person  to  whom  a  license  has  not  been 
issued  as  prescribed  by  laws  of  eighteen  hundred  and 
ninety-eight,  chapter  five  hundred  and  fifty-five,  as 
amended,  or  who  has  not  passed  the  examination  for 
practicing  embalming  herein  prescribed  and  been  licensed 
as  herein  specified,  shall  transact  or  practice  or  hold 
himself  or  herself  out  as  transacting  or  practicing  the 
business  or  practice  of  embalming  of  dead  human  bodies 
within  this  state,  except  that  nothing  in  this  article  con- 
tained shall  apply  to  commissioned  medical  officers  in 
the  army  of  the  United  States,  or  in  the  United  States 
marine  hospital  service  while  so  commissioned,  or  any 
one  actually  serving  as  a  member  of  the  resident  medical 
staff  of  any  legally  incorporated  hospital,  or  to  any 
person  duly  licensed  to  practice  as  a  physician  or  sur- 
geon in  this  state.  (Am'd  by  L.  1911,  ch.  841,  in  effect 
July  28,  1911.) 

§  299.  Violations  of  article.  Any  person  violating 
any  of  the  provisions  of  this  article  shall  be  guilty  of  a 
misdemeanor. 


Optometby  191 


ARTICLE  XV 
Optometry 

Section  300.  Definition;  application  of  article. 

301.  State  board  of  examiners. 

302.  Powers  of  board. 

303.  Examinations;  certificates  for  practitioners. 

304.  Certificate  to  be  recorded  and  displayed. 

305.  Fees. 

306.  Revocation  of  certificate. 

307.  Violations  of  article. 

308.  Construction  of  article. 

§  300.  Definition;  application  of  article.  The  practice 
of  optometry  is  defined  to  be  the  employment  of  any 
means,  other  than  the  use  of  drugs,  for  the  measurement 
of  the  powers  of  vision  and  the  adaptation  of  lenses  for 
the  aid  thereof. 

§  301.  State  board  of  examiners.  The  board  of  ex- 
aminers in  optometry  is  continued.  The  members  of  said 
board  now  in  office  shall  continue  in  office  until  the  ex- 
piration of  their  respective  terms.  Such  board  of  ex- 
aminers shall  consist  of  five  persons,  appointed  by  the 
state  board  of  regents,  and  shall  possess  sufficient  knowl- 
edge of  theoretical  and  practical  optics  to  practice  op- 
tometry and  shall  have  been  residents  of  this  state 
actually  engaged  in  the  practice  of  optometry  for  at 
least  five  years.  The  term  of  each  member  of  said  board 
shall  be  three  years,  or  until  his  successor  is  appointed, 
and  vacancies  shall  be  filled  for  the  unexpired  term  only. 

§  302.  Powers  of  board.  Said  board  of  examiners 
sball,  subject  to  the  approval  of  the  regents,  make  such 
rules  and  regulations,  not  inconsistent  with  the  law,  as 
may  be  necessary  for  the  proper  performance  of  its 
duties;  any  member  of  the  board  may  upon  being  duly 


192  .  The  Public  Health  Law 

designated  by  the  board,  or  a  majority  thereof,  adminis- 
ter oaths  or  take  testimony  concerning  any  matter 
within  the  jurisdiction  of  the  board. 

§  303.  Examinations;  certificates  of  practitioners. 
Every  person  desiring  to  commence  or  to  continue  the 
practice  of  optometry  after  January  first,  nineteen  hun- 
dred and  nine,  except  as  hereinafter  provided,  upon 
presentation  of  satisfactory  evidence,  verified  by  oath, 
that  he  is  more  than  twenty-one  years  of  age,  of  good 
moral  character,  has  a  preliminary  education  equivalent 
to  at  least  two  years  in  a  registered  high  school,  and 
has  also  studied  at  least  three  years  in  a  registered 
optometrist's  office,  or  has  graduated  from  a  school  of 
optometry,  maintaining  a  standard  satisfactory  to  said 
board  of  regents,  shall  take  an  examination  before  said 
board  of  examiners  to  determine  his  qualifications  there- 
for. Every  candidate  successfully  passing  such  exami- 
nation shall  be  registered  by  said  board  of  regents  as 
possessing  the  qualifications  required  by  this  article, 
ind  shall  receive  from  said  board  of  regents  a  certificate 
thereof,  but  any  person  who  shall  submit  to  said  board 
)f  examiners  satisfactory  proof  as  to  his  character, 
competency,  and  qualifications,  and  that  he  has  been 
continuously  engaged  in  the  practice  of  optometry  in 
this  state  for  more  than  two  years  next  prior  to  the 
time  that  chapter  four  hundred  and  sixty  of  the  laws 
of  nineteen  hundred  and  eight  took  effect,  may  upon 
the  recommendation  of  said  board  of  examiners  receive 
from  the  board  of  regents  a  certificate  of  exemption  from 
such  examination,  which  certificate  shall  be  registered 
and  entitle  him  to  practice  optometry  under  this  article. 
Every  person  who  was,  on  the  twenty-first  day  of  Maj  , 
nineteen  hundred  and  eight,  when  section  two  hundred 
and  nine-d  of  the  public  health  law,  as  then  known,  took 
effect,  entitled  to  a  certificate  of  exemption  as  therein 
provided,  but  who  failed  or  neglected  to  make  applica- 


Optometry  193 

tion  therefor  and  present  evidence  to  entitle  him  thereto, 
on  or  before  January  first,  nineteen  hundred  and  nine, 
as  provided  by  said  section,  must  make  such  application 
and  present  such  evidence  on  or  before  July  first,  nine- 
teen hundred  and  nine,  or  he  shall  be  deemed  to  have 
waived  his  right  to  such  certificate.  Before  any  certifi- 
cate is  issued  it  shall  be  numbered  and  recorded  in  a 
book  kept  in  the  regents'  office  and  its  number  shall  be 
noted  upon  the  certificate.  A  photograph  of  the  person 
registered  shall  be  filed  with  the  record  and  a  duplicate 
thereof  affixed  to  the  certificate.  In  all  legal  proceedings 
the  record  and  photograph  so  kept  in  the  regents'  office 
or  certified  copies  thereof  shall  be  prima  facie  evidence 
of  the  facts  therein  stated. 

§  304.  Certificate  to  be  recorded  and  displayed.  Every 
person  to  whom  a  certificate  of  either  registration  or 
exemption  shall  be  issued  shall  immediately  cause  the 
same  to  be  recorded  in  the  clerk's  office  in  the  county  of 
his  residence,  and  also  in  the  clerk's  office  of  each  other 
county  wherein  he  shall  then  practice  or  thereafter  com- 
mence the  practice  of  optometry ;  every  person  practicing 
optometry  must  also  display  his  certificate  of  registra- 
tion or  exemption  in  a  conspicuous  place  in  the  principal 
office  wherein  he  practices  optometry  and,  whenever  re- 
quired, exhibit  such  certificate  to  said  board  of  exam- 
iners or  its  authorized  representatives.  And  whenever 
practicing  said  profession  of  optometry  outside  of,  or 
away  from,  said  office  or  place  of  business,  he  shall  de- 
liver to  each  customer  or  person  so  fitted  with  glasses, 
a  bill  of  purchase,  which  shall  contain  his  signature, 
home  post-office  address,  and  the  number  of  his  certificate 
of  registration  or  exemption,  together  with  a  specifica- 
tion of  the  lenses  furnished  and  the  price  charged  there- 
for. 

§  305.  Fees.  The  fee  for  such  examination  shall  be 
fifteen  dollars;  for  a  certificate  of  registration,  ten  dol- 

7  '     ^ 


194  The  Public  Health  Law 

lars,  and  for  a  certificate  of  exemption,  five  dollars,  to 
be  paid  to  the  board  of  regents  and  constitute  a  fund 
for  expenses  made  necessary  by  this  article.  Such  fees 
shall  be  paid  into  the  state  treasury  and  the  legislature 
shall  annually  appropriate  therefrom  for  the  education 
department  an  amount  sufficient  to  pay  all  proper  ex- 
penses incurred  pursuant  to  this  article.  The  fee  to 
be  paid  to  the  county  clerk  for  recording  a  certificate 
shall  be  fifty  cents. 

§  306.  Revocation  of  certificate.  The  board  of  regents 
shall  have  power  to  revoke  any  certificate  of  registration 
or  exemption  granted  by  it  under  this  article,  the  holder 
of  which  is  guilty  of  any  fraud  or  deceit  in  his  practice, 
has  been  convicted  of  crime,  or  is  an  habitual  drunkard, 
or  grossly  incompetent  to  practice  optometry.  Proceed- 
ings for  revocation  of  a  certificate  or  the  annulment  of 
registration  shall  be  begun  by  filing  a  written  charge  or 
charges  against  the  accused.  These  charges  may  be  pre- 
ferred by  any  person  or  corporation,  or  the  regents  may 
on  their  own  motion  direct  the  executive  officer  of  the 
board  of  regents  to  prefer  said  charges.  Said  charges 
shall  be  filed  with  the  executive  officer  of  the  board  of 
regents,  and  a  copy  thereof  filed  with  the  secretary  of 
the  board  of  optometry  examiners.  The  board  of  op- 
tometry examiners,  when  charges  are  preferred,  shall 
designate  three  of  their  number  as  a  committee  to  hear 
and  determine  said  charges.  A  time  and  place  for  the 
hearing  of  said  charges  shall  be  fixed  by  said  committee 
as  soon  as  convenient,  and  a  copy  of  the  charges,  to- 
gether with  a  notice  of  the  time  and  place  when  they 
will  be  heard  and  determined,  shall  be  served  upon  the 
accused  or  his  counsel,  at  least  ten  days  before  the  date 
actually  fixed  for  said  hearing.  Where  personal  service 
or  service  upon  counsel  cannot  be  effected,  and  such  fact 
is  certified  on  oath  by  any  person  duly  authorized  to 
make  legal  service,  the  regents  shall  cause  to  be  pub- 
lished for  at  least  seven  times  for  at  least  twenty  days 


Optometry  195 

prior  to  the  hearing,  in  two  daily  papers  in  the  county 
in  which  the  optometrist  was  last  known  to  practice,  a 
notice  to  the  effect  that  at  a  definite  time  and  place  a 
hearing  will  be  had  for  the  purpose  of  hearing  charges 
against  the  optometrist  upon  an  application  to  revoke 
his  certificate.  At  said  hearing  the  accused  shall  have 
the  right  to  cross-examine  the  witnesses  against  him 
and  to  produce  witnesses  in  his  defense,  and  to  appear 
personally  or  by  counsel.  The  said  committee  shall 
make  a  written  report  of  its  findings  and  recommenda- 
tions, to  be  signed  by  all  its  members,  and  the  same 
shall  be  forthwith  transmitted  to  the  executive  office 
of  the  board  of  regents.  If  the  said  committee  shall 
unanimously  find  that  said  charges,  or  any  of  them,  are 
sustained,  and  shall  unanimously  recommend  that  the 
certificate  of  the  accused  be  revoked  or  his  registration 
be  annulled,  the  regents  may  thereupon,  in  their  discre- 
tion, revoke  said  certificate  or  annul  said  registration, 
or  do  both.  If  the  regents  shall  annul  such  registration, 
they  shall  forthwith  transmit  to  the  clerk  of  the  county 
or  counties  in  which  said  accused  is  registered  as  an 
optometrist,  a  certificate  under  their  seal  certifying  that 
such  registration  has  been  annulled,  and  said  clerk  shall, 
upon  receipt  of  said  certificate,  file  the  same  and  forth- 
with mark  said  registration  "  annulled."  Any  person 
who  shall  practice  optometry  after  his  registration  has 
been  marked  "  annulled  "  shall  be  deemed  to  have  prac- 
ticed optometry  without  registration.  Where  the  cer- 
tificate of  any  person  has  been  revoked,  or  his  registra- 
tion has  been  annulled  as  herein  provided,  the  regents 
may,  after  the  expiration  of  one  year,  entertain  an 
application  for  a  new  certificate,  in  like  manner  as 
original  applications  for  certificates  are  entertained;  and 
upon  such  new  application  they  may  in  their  discretion 
exempt  the  applicant  from  the  necessity  of  undergoing 
any  examination. 


196  The  Public  Health  Law 

§  307.  Violations  of  article.  No  person  not  a  holder 
of  a  certificate  of  registration  or  exemption  duly  issued 
to  him  and  recorded  as  above  provided  shall  after  Janu- 
ary first,  nineteen  hundred  and  nine,  practice  optometry 
within  this  state.  No  person  shall  falsely  personate  a 
registered  optometrist  of  a  like  or  different  name,  nor 
buy,  sell  or  fraudulently  obtain  a  certificate  of  registra- 
tion or  exemption  issued  to  another.  Practicing  or 
offering  to  practice  optometry,  or  the  public  representa- 
tion of  being  qualified  to  practice  the  same  by  any  per- 
son not  authorized  to  practice  optometry,  shall  be  suffi- 
cient evidence  of  a  violation  of  this  article.  No  person 
practicing  or  offering  to  practice  optometry  shall  pub- 
licly represent  himself  to  be  a  doctor,  or  shall  assume 
the  title  of  doctor  or  use  such  title  or  any  abbreviation 
thereof  in  his  practice,  unless  the  right  to  use  the  same 
has  been  conferred  upon  him  by  some  duly  authorized 
college  or  university,  prior  to  the  taking  effect  of  this 
act.  Any  violation  of  the  provisions  of  this  article  shall 
be  a  misdemeanor  and  courts  of  special  sessions  shall 
have  jurisdiction  of  all  such  violations. 

§  308.  Construction  of  article.  Nothing  in  this  article 
shall  be  construed  to  apply  to  duly  licensed  physicians 
authorized  to  practice  medicine  under  the  laws  of  the 
state  of  New  York  nor  to  persons  who  neither  practice 
nor  profess  to  practice  optometry,  who  sell  spectacles, 
eyeglasses  or  lenses  either  on  prescription  from  such 
physicians  or  from  such  duly  qualified  optometrists,  or 
as  merchandise  from  permanently  located  and  established 
places  of  business. 

ARTICLE  XVI 

Preservation  of  Life  and  Health 

Section  310.  Vaccination  of  school  children. 
311.  Appointment  of  physician. 


Preservation  of  Life  and  Health  197 

Section  312.  Regulating  the  sanitary  condition  of  bath- 
ing establishments  and  the  preservation 
of  life  at  bathing  places. 

313.  Examination    and    quarantine    of    children 

admitted  to  institutions  for  orphan,  desti- 
tute or  vagrant  children  or  juvenile  delin- 
quents. 

314.  Monthly      examination      of     inmates      and 

reports. 

315.  Beds;  ventilation. 

316.  Cadavers. 

317.  Cadavers  in  certain  counties. 

318.  Prescription    of    opium,    morphine,    cocaine 

and  chloral. 

319.  Consents  requisite  to  the  establishment  of 

hospitals  or  camps  for  the  treatment  of 
pulmonary  tuberculosis. 

320.  Reports   of  tuberculosis  by  physicians  and 

others. 

321.  Examination  of  sputum. 

322.  Protection  of  records. 

4 

323.  Disinfection  of  premises. 

324.  Health  officer  to  direct  disinfection,  cleans- 

ing or  renovation. 

325.  Prohibiting  occupancy  until  order  of  health 

officer  is   complied  with. 

326.  Prohibiting  carelessness  of  a  person  having 

tuberculosis. 
326a.  Control  of  dangerous  and  careless  patients. 

327.  Protection  of  patient's  family. 

328.  Providing    that    physicians    shall    make    a 

complete  statement  of  procedure  and  pre- 
cautions on  a  blank  to  be  furnished  by 
the  health  officer. 

329.  Penalty  for  failure  of  physician  to  perform 

duties  or  for  making  false  reports. 

330.  Reporting  recovery  of  patient. 

331.  General  penalty. 


198  The  Public  Health  Law 

Section  332.  Application  of  provisions. 

333.  Like  privileges  in  hospitals  to  be  granted  to 

matriculated  students  of  medical  colleges. 

334.  Iron  stairways  on  outside  of  hospital  build- 

ings. 

§  310.  Vaccination  of  school  children.  1.  A  child  or 
person  not  vaccinated  shall  not  be  admitted  or  received 
into  a  school  in  a  city  of  the  first  or  second  class.  The 
board,  officers  or  other  person  having  charge,  manage- 
ment or  control  of  such  school  shall  cause  this  pro- 
vision of  law  to  be  enforced.  The  board  of  health  or 
other  board,  commission  or  officers  of  such  city  having 
jurisdiction  of  the  enforcement  of  the  chapter  therein 
shall  provide,  at  the  expense  of  the  city  for  the  vaccina- 
tion of  all  pupils  of  such  school  whose  parents  or 
guardian  do  not  provide  vaccination  for  them. 

2.  Whenever  smallpox  exists  in  any  other  city  or 
school  district,  or  in  the  vicinity  thereof,  and  the  state 
commissioner  of  health  shall  certify  in  writing  to  the 
school  authorities  in  charge  of  any  school  or  schools  in 
such  citjfc  or  district,  it  shall  become  the  duty  of  such 
school  authorities  to  exclude  from  such  schools  every 
child  or  person  who  does  not  furnish  a  certificate  from 
a  duly  licensed  physician  to  the  effect  that  he  has 
successfully  vaccinated  such  child  or  person  with 
vaccine  virus  in  the  usual  manner  or  that  such  child 
or  person  shows  evidence  by  scar  of  a  successful  pre- 
vious vaccination.  Whenever  school  authorities  having 
the  charge,  management  and  control  of  schools  in  a 
district  or  city  cause  this  provision  of  law  to  be 
enforced,  the  local  board  of  health  shall  provide  for  the 
vaccination  of  all  children  whose  parents  or  guardian 
do  not  provide  such  vaccination. 

3.  The  expense  incurred,  when  such  vaccination  is 
performed  under  the  direction  of  the  local  health 
authorities,  shall  be  a  charge  upon  the  municipality 
in   which   the   child  or   person  vaccinated   resided,  and 


Peeservation  of  Life  and  Health  199 

shall  be  audited  and  paid  in  the  same  manner  as  other 
expenses  incurred  by  such  municipality  are  audited 
and  paid.  The  local  boards  of  health  or  other  health 
authorities  may,  in  their  discretion,  provide  for  the  pay- 
ment of  additional  compensation  to  health  officers  per- 
forming such  viccination.*  (Am'd  by  L.  1915,  ch.  133, 
in  effect  March  30,  1915.) 

§  311.  Vaccination  how  made;  reports.  1.  No  per- 
son shall  perform  vaccination  for  the  prevention  of 
smallpox  who  is  not  a  regularly  licensed  physician 
under  the  laws  of  the  state.  Vaccination  shall  be 
preformed*  in  such  manner  only  as  shall  be  prescribed 
by  the  state  commissioner  of  health. 

2.  No  physician  shall  use  vaccine  virus  for  the  pre- 
vention of  smallpox  unless  such  vaccine  virus  is  pro- 
duced under  license  issued  by  the  secretary  of  the 
treasury  of  the  United  States  and  is  accompanied  by 
a  certificate  of  approval  by  the  state  commissioner  of 
health,  and  such  vaccine  virus  shall  then  be  used  only 
within  the  period  of  time  specified  in  such  approval. 

3.  Every  physician  performing  a  vaccination  shall 
within  ten  days  make  a  report  to  the  state  commis- 
sioner of  health  upon  a  form  furnished  by  such  com- 
missioner setting  forth  the  full  name  and  age  of  the 
person  vaccinated  and,  if  such  person  is  a  minor  the 
name  and  address  of  his  parents,  the  date  of  vaccina- 
tion, the  date  of  previous  voccination*  if  possible,  the 
name  of  the  maker  of  the  vaccine  virus  and  the  lot 
or  batch  number  of  such  vaccine  virus.  (Am'd  by  L. 
1915,  ch.  133,  in  effect  March  30,  1915.) 

§  312.  Regulating  the  sanitary  condition  of  bathing 
establishments  and  the  preservation  of  life  at  bathing 
places.  It  shall  be  unlawful  for  any  person  to  main- 
tain, either  as  owner  or  lessee,  any  bathing  establish- 
ment of  any  kind,  in  this  state,  for  the  accommodation 


*  So  in  original. 


200  The  Public  Health  Law 

of  persons,  for  pay,  or  any  consideration,  at  a  point 
less  than  five  hundred  feet  from  any  sewer  connection 
emptying  therein,  or  thereat,  so  as  to  pollute  in  any 
way,  the  waters  used  by  those  using  or  hiring  bathing 
houses  at  such  bathing  establishments;  it  shall  be  the 
duty  of  such  owner  or  lessee  to  provide  separate  toilet 
rooms,  with  water-closets  properly  provided  with  sani- 
tary plumbing,  constructed  in  a  manner  approved  by 
the  local  board  of  health  and  in  such  a  way  as  not  to 
contaminate  the  waters  used  by  the  bathers;  it  shall 
also  be  the  duty  of  such  owner  or  lessee  to  thoroughly 
wash  and  disinfect,  or  cause  to  be  thoroughly  washed 
and  disinfected,  in  a  manner  approved  by  the  local 
board  of  health,  all  bathing  suits  that  have  been  hired 
or  used,  before  re-hiring  or  permitting  the  use  of  the 
same  again;  it  shall  be  the  duty  of  every  person  main- 
taining, as  owner  or  lessee,  any  bathing  establishment 
of  any  kind  along  the  seashore  of  this  state  for  the 
accommodation  of  persons  for  pay,  to  provide,  for  the 
safety  of  such  bathers,  two  lines  of  sound,  serviceable 
and  strong  manilla  or  hemp  rope,  not  less  than  one 
inch  in  diameter  anchored  at  some  point  above  high 
water,  at  the  same  distance  apart  as  the  lines  of 
bathing  houses,  or  space  fronting  on  such  beach  occu- 
pied by  him  or  them,  is  in  width;  and  from  two  points 
at  which  such  life  lines  are  so  anchored,  such  lines  shall 
be  made  to  extend  as  far  into  this  surf  as  bathing  is 
ordinarily  safe  and  free  from  danger  of  drowning  to 
persons  not  expert  in  swimming,  and  at  such  points  of 
safety,  such  lines  shall  be  anchored  and  buoyed.  From 
the  two  points  of  such  lines  so  extended,  anchored 
and  buoyed,  a  third  rope  shall  be  extended,  of  a  similar 
size  connecting  the  two  extremities  and  buoyed  at 
such  points  as  to  be  principally  above  the  surface  of 
the  water,  thereby  enclosing  a  space  within  such  lines 
and  the  beach  within  which  bathing  is  believed  to  be 


Preservation  of  Life  and  Health  201 

safe;  and  in  addition  thereto  there  shall  be  sufficient 
ropes  of  a  similar  size  as  herein  described,  anchored 
from  a  point  at  high  water  mark  and  buoyed  or 
anchored  on  a  parallel  line  or  within  the  outer  cross 
rope,  so  as  to  have  not  more  than  a  space  of  seventy- 
five  feet  from  one  rope  to  another;  every  such  person 
or  persons  maintaining  such  bathing  establishments 
shall  cause  to  be  painted  and  put  up  in  some  promi- 
nent place  upon  the  beach  near  such  bathing  houses 
the  following  words:  "Bathing  beyond  the  lines  dan- 
gerous." Such  lines  so  placed,  anchored  and  buoyed, 
and  such  notice  so  put  up  shall  continue  and  so  be 
maintained  by  every  such  person  or  persons,  during 
the  entire  season  of  surf  bathing.  Every  such  person 
or  persons  maintaining  any  such  bathing  establishment 
shall  also  keep  and  provide  in  connection  therewith,  for 
the  facilitating  of  the  rescue  of  persons  in  danger  of 
drowning,  a  surf  boat,  not  less  than  sixteen  feet  long, 
on  each  side  of  which  there  shall  be  hanging  ropes 
arranged  so  that  persons  in  the  water  can  easily  catch 
hold  of  same,  or  be  supported  thereby,  and  such  boats 
shall  be  equipped  with  two  or  more  sets  of  oars  and 
life-lines  and  life-belts,  and  at  least  one  ring  buoy  or 
life  preserver,  with  quarter-inch  cotton  line,  not  less 
than  five  hundred  feet  in  length  with  suitable  reel 
attached  thereto,  and  in  addition  thereto,  there  shall  be 
anchored  on  the  shore  a  suitable  reel  with  a  half-inch 
cotton  line  not  less  than  five  hundred  feet  in  length, 
with  a  life-belt  attached  thereto,  kept  in  good  order 
and  in  proper  condition,  so  that  it  can  readily  be  used 
by  those  assisting  in  saving  life.  At  all  such  bathing 
establishments  where  there  are  equipments  for  two 
hundred  bathers  or  more,  said  surf  or  life-boat  shall 
be  stationed  in  the  water,  opposite  the  lines,  manned 
and  in  readiness  for  use,  during  bathing  hours;  there 
shall  also  be  at  every  public  bathing  establishment  a 
bathing  master   or   life-guard,  who  shall  be  an  expert 


202  The  Public  Health  Law 

swimmer,  and  who  shall  be  in  constant  and  watchful 
attendance  during  bathing  hours.  Any  person  or  per- 
sons violating  any  of  the  provisions  of  this  section 
shall  forfeit  and  pay  a  penalty  of  not  less  than  fifty 
dollars,  nor  more  than  two  hundred  dollars  to  be  re- 
covered by  the  sheriff  of  the  county  in  which  such 
violation  is  committed,  except  in  the  city  of  New  York, 
when  the  penalty  shall  be  sued  for  in  the  name  of  the 
department  of  health  of  the  city  of  New  York  and  col- 
lected by  it.  It  shall  be  the  duty  of  the  sheriffs  and 
constables  of  the  several  counties  of  this  state  abutting 
upon  the  seashore,  to  see  that  in  their  respective 
counties  the  provisions  of  this  section  are  enforced, 
and  to  bring  suit  for  the  recovery  of  the  penalty  therein 
provided,  unless  some  other  person  had  already  brought 
suit  for  the  same.  A  separate  penalty  may  be  recovered 
for  each  day  that  any  person  subject  to  the  provisions 
of  this  section  may  violate  any  of  the  provisions  of 
the  same;  but  no  penalty  shall  be  recovered  for  any 
other  violation  thereof  than  shall  have  occurred  during 
the  days  when  the  owner  or  lessee  or  other  person  or 
persons  maintaining  the  said  bathing  establishments, 
shall  have  kept  the  same  open  for  the  use  of  the  public, 
or  for  such  persons  as  may  be  the  guests  of  any  hotel 
that  such  bathing  establishments  may  be  connected 
with.  The  owner  of  the  bathing  house  shall  not  be 
subject  to  the  provisions  of  this  section  when  it  is 
used,  occupied  or  maintained  by  a  lessee  for  hire,  but 
such  lessee  shall  be  deemed  the  keeper  or  proprietor 
or  person  or  persons  maintaining  such  bathing  establish- 
ment thereof.  Nothing  in  this  section  shall  be  con- 
strued in  any  way  to  affect  any  bathing  establishments 
in  any  city  or  municipality,  at  which  there  is  main- 
tained at  public  expense  a  life  saving  guard. 

§  313.  Examination  and  quarantine  of  children  ad- 
mitted to  institutions  for  orphan,  destitute  or  vagrant 
children  or  juvenile  delinquents.     Every  institution   in 


Institutions  for  Children  203 

this  state,  incorporated  for  the  express  purpose  of  re- 
ceiving or  caring  for  orphan,  vagrant  or  destitute  chil- 
dren or  juvenile  delinquents,  except  hospitals,  shall  have 
attached  thereto  a  regular  physician  of  its  selection 
duly  licensed  under  the  laws  of  the  state  and  in  good 
professional  standing,  whose  name  and  address  shall  be 
kept  posted  conspicuously  within  such  institution  near 
its  main  entrance.  The  words  "  juvenile  delinquents  " 
here  used  shall  include  all  children  whose  commitment 
to  an  institution  is  authorized  by  the  penal  law.  The 
officer  of  every  such  institution  upon  receiving  a  child 
therein,  by  commitment  or  otherwise,  shall,  before  ad- 
mitting it  to  contact  with  the  other  inmates,  cause  it 
to  be  examined  by  such  physician,  and  a  written  cer- 
tificate to  be  given  by  him,  stating  whether  the  child 
has  diphtheria,  scarlet  fever,  measles,  whooping  cough 
or  any  other  contagious  or  infectious  disease,  especially 
of  the  eyes  and  skin,  which  might  be  communicated  to 
other  inmates  and  specifying  the  physical  and  mental 
condition  of  the  child,  the  presence  of  any  indication 
of  hereditary  or  other  constitutional  disease,  and  any 
deformity  or  abnormal  condition  found  upon  the  ex- 
amination to  exist.  No  child  shall  be  so  admitted  until 
such  certificate  shall  have  been  furnished,  which  shall 
be  filed  with  the  commitment  or  other  papers  on  record 
in  the  case,  by  the  officers  of  the  institution,  who  shall, 
on  receiving  such  child,  place  it  in  strict  quarantine 
thereafter  from  the  other  inmates,  until  discharged  from 
such  quarantine  by  such  physician  who  shall  thereupon 
indorse  upon  the  certificate  the  length  of  quarantine 
and  the  date  of  discharge  therefrom. 

§  314.  Monthly  examination  of  inmates  and  reports. 
Such  physician  shall  at  least  once  a  month  thoroughly 
examine  and  inspect  the  entire  institution,  and  report 
in  writing,  in  such  form  as  may  be  approved  by  the 
state  board  of  health,  to  the  board  of  managers  or 
directors   of  the  institution,  and  to  the  local  board  of 


204  The  Public  Health  Law 

the  district  or  place  where  the  institution  is  situated, 
its  condition,  especially  as  to  its  plumbing,  sinks,  water- 
closets,  urinals,  privies,  dormitories,  the  physical  con- 
dition of  the  children,  the  existence  of  any  contagious 
or  infectious  disease,  particularly  of  the  eyes  or  skin, 
their  food,  clothing  and  cleanliness,  and  whether  the 
officers  of  the  institution  have  provided  proper  and  suffi- 
cient nurses,  orderlies,  and  other  attendants  of  proper 
capacity  to  attend  to  such  children,  to  secure  to  them 
due  and  proper  care  and  attention  as  to  their  personal 
cleanliness  and  health,  with  such  recommendations  for 
the  improvement  thereof  as  he  may  deem  proper.  Such 
boards  of  health  shall  immediately  investigate  any  com- 
plaint against  the  management  of  the  institution  or  of 
the  existence  of  anything  therein  dangerous  to  life  or 
health,  and,  if  proven  to  be  well  founded,  shall  cause 
the  evil  to  be  remedied  without  delay. 

§  315.  Beds;  ventilation.  The  beds  in  every  dormi- 
tory in  such  institution  shall  be  separated  by  a  passage- 
way of  not  less  than  two  feet  in  width,  and  so  arranged 
that  under  each  the  air  sball  freely  circulate  and  there 
shall  be  adequate  ventilation  of  each  bed,  and  such 
dormitory  shall  be  furnished  with  such  means  of  venti- 
lation as  the  local  board  of  health  shall  prescribe.  In 
every  dormitory  six  hundred  cubic  feet  of  air  space  shall 
be  provided  and  allowed  for  each  bed  or  occupant,  and 
no  more  beds  or  occupants  shall  be  permitted  than  are 
thus  provided  for,  unless  free  and  adequate  means  of 
ventilation  exist  approved  by  the  local  board  of  health, 
and  a  special  permit  in  writing  therefor  be  granted  by 
such  board,  specifying  the  number  of  beds  or  cubic  air 
space  which  shall,  under  special  circumstances,  be  al- 
lowed, which  permit  shall  be  kept  conspicuously  posted 
in  such  dormitory.  The  physician  of  the  institution 
shall  immediately  notify  in  writing  the  local  board  of 
health   and  the  board  of  managers  or  directors  of  the 


Cadavees  205 

institution   of   any   violation   of   any  provision   of   this 
section. 

§  316.  Cadavers.  The  persons  having  lawful  control 
and  management  of  any  hospital,  prison,  asylum, 
morgue  or  other  receptacle  for  corpses  not  interred,  and 
every  undertaker  or  other  person  having  in  his  lawful 
possession  any  such  corpse  for  keeping  or  burial  may 
deliver  and  he  is  required  to  deliver,  under  the  con- 
ditions specified  in  this  section,  every  such  corpse  in 
their  or  his  possession,  charge,  custody  or  control,  not 
placed  therein  by  relatives  or  friends  in  the  usual 
manner  for  keeping  or  burial,  to  the  medical  colleges 
and  universities  of  the  state  authorized  by  law  to 
confer  the  degree  of  doctor  of  medicine  and  to  all  other 
colleges  or  schools  incorporated  under  the  laws  of  the 
state  for  the  purpose  of  teaching  medicine,  anatomy 
or  surgery  to  those  on  whom  the  degree  of  doctor  of 
medicine  has  been  conferred,  and  to  any  university  of 
the  state  having  a  medical  preparatory  or  medical 
post-graduate  course  of  instruction.  No  corpse  shall 
be  so  delivered  or  received  if  desired  for  interment  by 
relatives  or  friends  within  forty-eight  hours  after 
death,  or  if  known  to  have  relatives  or  friends  without 
the  assent  of  such  relatives  or  friends;  or  of  a  person 
who  shall  have  expressed  a  desire  in  his  last  illness 
that  his  body  be  interred,  but  the  same  shall  be  buried 
in  the  usual  manner.  If  the  remains  of  any  person  so 
delivered  or  received  shall  be  subsequently  claimed  by 
any  relative  or  friend,  they  shall  be  given  up  to  such 
relative  or  friend  for  interment.  Any  person  claiming 
any  corpse  or  remains  for  interment  as  provided  in 
this  section,  may  be  required  by  the  persons,  college, 
school  or  university  or  officer  or  agent  thereof,  in  whose 
possession,  charge  or  custody  the  same  may  be,  to 
present  an  affidavit  stating  that  he  is  such  relative  or 
friend,    and   the   facts    and    circumstances    upon    which 


206  Tiie  Public  Health  Law 

the  claim  that  he  is  such  relative  or  friend  is  based, 
the  expense  of  which  affidavit  shall  be  paid  by  the  per- 
sons requiring  it.  If  such  person  shall  refuse  to  make 
such  affidavit,  such  corpse  or  remains  shall  not  be 
delivered  to  him  but  he  shall  forfeit  his  claim  and 
right  to  the  same.  Any  such  medical  college,  school  or 
university  desiring  to  avail  itself  of  the  provisions  of 
this  section  shall  notify  such  persons  having  the  control 
end  management  of  the  institutions  and  places  hereto- 
fore specified,  and  such  undertakers  and  other  persons 
having  any  such  corpse  in  their  possession,  custody  or 
control  in  the  county  where  such  college,  school  or 
university  is  situated,  and  in  any  other  county  in  the 
state  in  which  no  medical  college,  school  or  university 
is  situated,  or  in  which  no  such  medical  college,  school 
or  university  desires  to  avail  itself  of  the  provisions 
of  this  section,  of  such  desire,  and  thereafter  all  such 
persons  shall  notify  the  proper  officers  of  such  college, 
school  or  university  whenever  there  is  any  corpse  in 
their  possession,  custody  or  control,  which  may  be 
delivered  to  a  medical  college,  school  or  university 
under  this  section,  and  shall  deliver  the  same  to  such 
college,  school  or  university.  If  two  or  more  medical 
colleges,  schools  or  universities  are  entitled  to  receive 
corpses  under  the  provisions  of  this  act  and  shall  have 
given  notice  as  aforesaid,  they  shall  receive  the  same 
in  proportion  to  the  number  of  matriculated  students 
in  each  college,  school  or  university  who  are  pursuing 
courses  of  anatomy  and  surgery  at  the  time  of  making 
the  apportionment.  The  professors  '  and  teachers  in 
every  college,  school  or  university  receiving  any  corpse 
under  this  section  shall  dispose  of  the  remains  thereof, 
after  they  have  served  the  purposes  of  medical  science 
and  study,  in  accordance  with  the  regulations  of  the 
local  board  of  health  where  the  college,  school  or  uni- 
versity is  situated.     Every  person  neglecting  to  comply 


Cadavers  207 

with  or  violating  any  provision  of  this  section,  shall 
forfeit  to  the  local  board  of  health  where  such  non- 
compliance or  violation  occurred,  the  sum  of  twenty- 
five  dollars  for  every  such  non-compliance  or  violation, 
to  be  sued  for  by  the  health  officer  of  such  place,  and 
when  recovered  to  be  paid  over,  less  the  costs  and 
expenses  of  the  action,  to  such  board  for  its  use  and 
benefit.  (Am'd  by  L.  1913,  ch.  335,  in  effect  April  19, 
1913.) 

§  317.  Cadavers  in  certain  counties.  The  governors, 
keepers,  wardens,  managers,  or  persons  having  lawful 
control  and  management  of  any  hospital,  prison,  alms- 
house, asylum,  morgue  or  other  receptacle  for  corpses 
not  interred,  in  the  counties  of  Onondaga,  Oswego,  Madi- 
son and  Cortland,  and  the  warden  of  the  Auburn  state 
prison,  in  the  county  of  Cayuga,  and  every  undertaker 
cr  other  person  in  the  counties  of  Onondaga,  Oswego, 
Madison  and  Cortland,  having  in  his  lawful  possession 
any  such  corpses  for  keeping  or  burial,  may  deliver,  and 
they  are  hereby  required  to  deliver,  under  the  conditions 
specified  in  this  section,  every  such  corpse  in  their  or 
his  possession,  charge,  custody  or  control,  not  placed 
therein  by  relatives  or  friends  in  the  usual  manner  for 
keeping  or  burial,  to  the  medical  colleges  or  schools  in 
said  counties  of  Onondaga,  Oswego,  Madison  and  Cort- 
land, authorized  by  law  to  confer  either  the  degree  of 
doctor  of  medicine,  or  the  degree  of  doctor  of  dental 
surgery  and  to  all  other  colleges  or  schools  incorporated 
under  the  laws  of  the  state  in  said  counties  for  the 
purpose  of  teaching  medicine,  anatomy  or  surgery,  and 
to  any  university  in  either  of  said  counties  having  a 
medical  preparatory  course  of  instruction,  and  the  pro- 
fessors and  teachers  in  every  such  college,  school  or  uni- 
versity may  receive  such  corpses  and  use  the  same  for 
the  purposes  of  medical,  anatomical  or  surgical  science 
and  study.  No  such  corpse  shall  be  so  delivered  if 
within  forty-eight  hours  after  death,  it  is   desired  for 


208  The  Public  Health  Law 

interment  by  relatives,  or  by  friends,  who  will  bear  the 
expenses  of  its  interment;  nor  shall  a  corpse  be  so  de- 
livered or  received  of  any  person  known  to  have  rela- 
tives, whose  places  of  residences  are  also  known,  without 
the  assent  of  such  relatives;  and  such  relatives  shall  be 
deemed  to  have  assented  thereto,  unless  they  shall  claim 
such  corpse  for  the  interment  within  twenty-four  hours 
after  being  notified  of  the  death  of  such  person.  If  the 
remains  of  any  person  so  delivered  or  received  shall  be 
subsequently  claimed  for  interment  by  any  relative  or 
by  any  friend  who  will  bear  the  expense  of  such  inter- 
ment, they  shall  be  given  up  to  such  relative  or  friend 
for  interment.  Any  person  claiming  any  corpse  or  re- 
mains for  interment,  as  provided  in  this  section,  may  be 
required  by  the  persons,  college,  school,  university  or 
officer  or  agent  thereof,  in  whose  possession,  charge  or 
custody  the  same  may  be,  to  present  an  affidavit  stating 
that  he  is  such  relative  or  friend,  and  the  facts  and  cir- 
cumstances upon  which  the  claim  that  he  is  such  relative 
or  friend  is  based,  and,  if  a  friend,  that  he  will  bear 
the  expense  of  such  interment,  the  expense  of  which 
affidavit  shall  be  paid  by  the  person  requiring  it.  If 
such  person  shall  refuse  to  make  such  affidavit,  such 
corpse  or  remains  shall  not  be  delivered  to  him,  but  he 
shall  forfeit  his  claim  and  right  to  the  same.  Any  such 
college,  school  or  university  in  either  of  said  counties 
desiring  to  avail  itself  of  the  provisions  of  this  section 
shall  notify  said  governors,  keepers,  wardens,  managers, 
undertakers  and  other  persons  hereinbefore  specified  in 
the  county  where  said  college,  school  or  university  is 
situated,  or  in  any  of  said  adjoining  counties,  in  which 
no  such  college,  school  or  university  is  situated,  of  such 
desire,  and  thereafter  it  shall  be  obligatory  upon  such 
governors,  keepers,  wardens,  managers,  undertakers  and 
other  persons  hereinbefore  specified,  to  immediately 
notify  the  proper  officer  or  officers  of  said  college,  school 


Cadavers  209 

or  university,  whenever  there  is  any  corpse  in  their  pos- 
session, charge,  custody  or  control,  which  may  be  deliv- 
ered to  a  medical  college,  school  or  university  under  this 
section,  and  to  deliver  the  same  to  such  college,  school 
or  university.  It  shall  be  the  duty  of  such  governors, 
keepers,  wardens,  managers  and  persons  having  lawful 
control  and  management  of  the  institutions  hereinbefore 
mentioned,  after  being  duly  notified  by  any  college, 
school  or  university  of  its  desire  to  avail  itself  of  the  pro- 
visions of  this  section,  to  keep,  if  requested  so  to  do  by 
such  college,  school  or  university,  and  if  provided  by 
such  medical  college,  school  or  university  with  a  suitable 
book  for  that  purpose,  a  true  and  correct  record  of  any 
and  all  corpses  thereafter  coming  into  their  possession, 
charge,  custody  or  control,  and  of  the  disposition  made 
of  the  same,  giving  the  name  of  such  corpses,  if  known; 
the  dates  of  death  and  burial,  if  known;  the  names  and 
places  of  residence,  if  known,  of  the  relatives  of  such 
corpses;  the  names  of  the  persons  by  whom  such  corpses 
are  claimed  for  interment  and  the  names  of  the  colleges, 
schools,  universities  or  persons,  to  whom  the  same  are 
delivered,  and  the  dates  of  such  deliveries;  which  said 
books  shall  be  open  to  the  inspection  of  the  officers  and 
agents  of  such  college,  school  or  university  furnishing 
the  same  and  to  the  officers  and  agents  of  any  other 
medical  college,  school  or  university  entitled  to  receive 
corpses  from  the  same  county.  If  two  or  more  colleges, 
schools  or  universities  located  in  any  one  of  said  coun- 
ties are  entitled  to  receive  corpses  from  the  same  or 
from  said  adjoining  coimties,  they  shall  receive  the  same 
in  proportion  to  the  number  of  matriculated  students  in 
each  college.  The  professors  and  teachers  in  every  col- 
lege, school  or  university  receiving  any  corpse  under 
this  section,  shall  dispose  of  the  remains  thereof,  after 
they  have  served  the  purposes  of  medical,  anatomical  or 
surgical  science  and  study,  in  accordance  with  the  regu- 
lations of  the  local  board  of  health  where  the  college, 


210  The  Public  Health  Law 

school  or  university  is  situated.  Any  person  neglecting 
to  comply  with  or  violating  any  provision  of  this  section, 
shall  forfeit  and  pay  a  penalty  of  twenty-five  dollars  for 
each  and  every  such  non-compliance  or  violation  thereof, 
and  it  shall  be  the  duty  of  the  health  officer,  or  person 
performing  his  duties,  in  the  places  where  said  medical 
colleges,  schools  or  universities  are  situated,  whenever 
he  shall  have  knowledge  or  information  of  any  non-com- 
pliance with,  or  violation  of,  any  provision,  or  provi- 
sions, of  this  section,  to  sue  for  and  recover,  in  his  name 
of  office,  the  aforesaid  penalty,  and  to  pay  over  the 
amount  so  recovered,  less  the  cost  and  expenses  of  the 
action,  to  the  health  board  of  said  locality,  for  its  use 
and  benefit. 

§  318.  Prescriptions  of  opium,  morphine,  cocaine  and 
chloral  (Repealed  by  implication.  See  herein  §  1740 
of  the  Penal  Law  and  article  11a  of  the  Public  Health 
Law. ) 

§  31S-a.  Sale  of  hypodermic  syringes  and  needles. 
(Repealed  by  implication.  See  herein  article  11a,  §  249 
of  the  Public  Health  Law.) 

§  319.  Consents  requisite  to  the  establishment  of 
hospitals  or  camps  for  the  treatment  of  pulmonary 
tuberculosis.  A  hospital,  camp  or  other  establishment 
for  the  treatment  of  patients  suffering  from  the  d.sease 
known  as  pulmonary  tuberculosis,  shall  not  be  estab- 
lished in  any  town  by  any  person,  association,  corpora- 
tion or  municipality  except  when  authorized  as  pro- 
vided by  this  sect'on.  The  person,  association,  corpo- 
ration or  municipality  proposing  to  establish  such  a 
hospital,  camp  or  other  establishment  shall  file  with 
the  state  commissioner  of  health  a  petition  describing 
the  character  thereof,  stating  the  county  and  town  in 
which  it  is  to  be  located  and  describing  the  site  in 
such  town  for  such  proposed  hospital,  camp  or  other 
establishment,  and  requesting  the  commissioner  to  fix 
a  date  and  place  for  a  hearing  on  such  petition  before 


1 UBEKCULOSIS    LAW  211 

the  state  cdmfiais'stoh'er  of  health  and  the  local  health 
officer,  who  shall  constitute  a  board  to  approve  or  dis- 
approve the  establishment  of  such  hospit.il,  camp  or 
other  establishment  in  accordance  with  sveli  petit  on. 
The  state  commissioner  of  health  shall  fix  a  date  and 
place  for  a  hearing  on  sach  petition,  whicli  date  shall 
e  -ot  less  than  thirty  nor  more  than  foity  days  after 
the  receipt  thereof.  A  notice  of  such  hearing  specfy- 
the  date  and  place  thereof  and  briefly  descr.blng  the 
d  site  for  such  hospital,  camp  or  other  estab- 
lishment shall  be  mailed  to  the  person,  association, 
corporation  or  municipality  proposing  to  establish  the 
same  and  to  the  health  officer  and  each  member  of 
the  board  of  health  of  the  town  in  which  it  is  proposed 
to  establish  such  hospital,  camp  or  other  establishment 
at  least  twenty  days  before  the  hearing,  and  also  pub- 
lished twice  in  a  local  newspaper  of  the  town,  or  if 
there  is  no  such  paper  published  therein,  then  in  the 
newspapers  of  the  county  designated  in  pursuance  of  law 
to  publish  the  session  laws.  At  the  time  and  place 
fixed  for  such  hearing  the  state  commissioner  of  health, 
or  his  deputy  when  designated  by  the  commissioner, 
and  the  local  health  officer  shall  hear  the  petitioner  and 
any  person  who  desires  to  be  heard  in  reference  to  the 
location  of  such  hospital,  camp  or  other  establishment, 
and  they  shall  within  thirty  days  after  the  hearing,  if 
they  are  able  to  agree,  approve  or  disapprove  of  the 
location  thereof  and  shall  notify  the  person,  association, 
corporation  or  municipality  of  their  determination.  The 
determination  of  the  state  commissioner  of  health,  or 
his  deputy  as  the  case  may  be,  and  the  local  health 
officer  shall  be  final  and  conclusive;  but  if  within  thirty 
days  after  the  hearing  they  are  unable  to  agree,  they  shall 
within  such  thirty  days  notify  the  person,  association, 
corporation  or  municipality  proposing  to  establish  such 
hospital,  camp  or  other  establishment  that  they  are  un- 
able to  agree.     Within  ten  days  after  the  receipt  of  such 


212  The  Public  Health  Law 

notice,  such  person,  association,  corporation  or  munici- 
pality may  file  in  the  office  of  the  state  commissioner  of 
health  a  request  that  the  petition  be  referred  to  a  board 
consisting  of  the  lieutenant-governor,  the  speaker  of  the 
assembly  and  the  state  commissioner  of  health.  Such 
officers  shall  approve  or  disapprove  of  the  proposed  loca- 
tion of  such  hospital,  camp  or  other  establishment  after 
a  hearing  of  which  notice  shall  be  mailed  to  the  person, 
association,  corporation  or  municipality  proposing  to 
establish  the  same  and  to  the  health  officer  and  to 
each  member  of  the  local  board  of  health  of  the  town, 
or  without  a  hearing,  upon  the  evidence,  papers  and 
documents  filed  with  the  state  commissioner  of  health 
or  that  may  be  submitted  to  them,  as  the  board  shall 
determine.  They  shall  make  their  determination  within 
thirty  days  after  the  request  for  such  submission  has 
been  filed  in  the  office  of  the  state  commissioner  of 
health  and  cause  a  copy  thereof  to  be  mailed  to  the 
person,  association,  corporation  or  municipality  propos- 
ing to  establish  such  hospital,  camp  or  other  establish- 
ment and  to  the  health  officer  of  the  town  in  which  it 
is  proposed  to  establish  the  same.  Such  determination 
shall  be  final  and  conclusive.  (Am'd  by  L.  1909,  ch.  171 
and  L.  1916,  ch.  291,  in  effect  April  24,  1916.) 

§  320.  Reports  of  tuberculosis  by  physicians  and 
others.  Tuberculosis  is  hereby  declared  to  be  an  infec- 
tious and  communicable  disease,  dangerous  to  the  public 
health.  It  shall  be  the  duty  of  every  physician  in  the 
state  of  New  York,  to  report  by  telephone  or  in  person 
or  in  writing  on  a  form  to  be  furnished  as  hereinafter 
provided,  the  name  and  address,  of  every  person  known 
by  said  physician  to  have  tuberculosis,  to  the  health 
officer  of  the  city,  town  or  village  in  which  said  person 
resides  or  may  be,  within  twenty-four  hours  after  such 
fact  comes  to  the  knowledge  of  said  physician.  It  shall 
also  be  the  duty  of  the  chief  officer  having  charge  for 
the  time  being  of  any  hospital,  dispensary,  asylum  or 
other  similar  private  or  public  institution  to  report  the 


Tuberculosis  Law  213 

name,  age,  sex,  color,  occupation,  place  where  last 
employed  if  known  and  the  previous  address  of  every 
patient  having  tuberculosis  who  comes  into  his  care  or 
under  his  observation,  within  twenty-four  hours  there- 
after to  the  health  officer  of  the  city,  town  or  village 
in  which  said  patient  resided  immediately  previous  to 
admission  to  said  institution;  except  that  if  such  resi- 
dence be  outside  of  the  state  of  New  York  then  such 
report  shall  be  made  to  the  state  commissioner  of 
health. 

Any  physician,  nurse,  employer,  teacher,  head  of  a 
family,  landlord,  or  other  person  may  report  in  writing 
the  name  and  address  of  any  person  coming  under  his 
observation  who  appears  to  be  suffering  from  tubercu- 
losis to  the  health  officer  of  the  city,  town  or  village 
in  which  such  person  is,  and  the  health  officer  shall 
thereupon  take  such  steps  as  may  be  prescribed  by  the 
sanitary  code  provided  the  person  making  such  report 
signs  his  own  name  and  address  thereon. 

Each  registrar  of  vital  statistics  shall  promptly  report 
to  the  health  officer  the  name  and  address  of  every 
person  reported  to  him  as  having  died  from  tuberculosis. 
The  health  officer  shall  ascertain  whether  such  person 
has  been  previously  reported  as  having  tuberculosis  by 
the  physician  signing  the  death  certificate,  and  if  it 
appears  that  such  physician  has  not  so  reported  such 
person,  the  health  officer  shall  call  the  attention  of 
such  physician  to  the  provisions  of  this  section.  In 
case  of  repeated  violations  of  the  provisions  of  this 
section  by  any  physician  the  health  officer  shall  report 
such  repeated  violations  to  the  board  of  health  or  other 
local  health  authorities,  who  shall  cause  such  steps  to 
be  taken  as  may  be  necessary  to  enforce  the  penalty 
provided  for  such  violation.  (Am'd  by  L.  1913,  ch.  559; 
L.  1914,  ch.  318  and  L.  1916,  ch.  370,  in  effect  May  1, 
1916.) 

§  321.  Examination  of  sputum.     It  shall  be  the  duty 


214  The  Public  Health  Law 

of  every  health  officer  of  a  city,  town  or  village,  when 
so  requested  by  any  physician,  or  by  authorities  of  any 
hospital  or  dispensary,  to  make  or  cause  to  be  made  a 
microscopical  examination  of  the  sputum  forwarded  to 
him  as  that  of  a  person  having  symptoms  of  tubercu- 
losis, which  shall  be  forwarded  to  such  officer  accom- 
panied by  a  blank  giving  name,  age,  sex,  color,  occu- 
pation, place  where  last  employed  if  known  and  address 
of  the  person  whose  sputum  it  is.  It  shall  be  the 
duty  of  said  health  officer  promptly  to  make  a  report 
of  the  results  of  such  examination  free  of  charge,  to 
the  physician  or  person  upon  whose  application  the 
earne  is  made. 

§  322.  Protection  of  records.  It  shall  be  the  duty 
of  every  health  officer  of  a  city,  town  or  village  to 
cause  all  reports  made  in  accordance  with  the  pro- 
visions of  section  three  hundred  and  twenty,  and  also 
all  results  of  examinations,  showing  the  presence  of  the 
bacilli  of  tuberculosis,  made  in  accordance  with  the 
provisions  of  section  three  hundred  and  twenty-one,  to 
be  recorded  in  a  register,  of  which  he  shall  be  the  cus- 
todian. Such  register  shall  not  be  open  to  inspection 
by  any  person  other  than  the  health  authorities  of  the 
state  and  of  the  said  city,  town  or  village,  and  said 
health  authorities  shall  not  permit  any  such  report  or 
record  to  be  divulged  so  as  to  disclose  the  identity  of 
the  person  to  whom  it  relates,  except  as  may  be  author- 
ized in  the  sanitary  code.  (Am'd  by  L.  1913,  ch.  559, 
in  effect  May  16,  1913.) 

§  323.  Disinfection  of  premises.  In  case  of  the  vaca- 
tion of  any  apartment  or  premises  by  the  death  or 
removal  therefrom  of  a  person  having  tuberculosis,  it 
shall  be  the  duty  of  the  attending  physician,  or  if 
there  be  no  such  physician,  or  if  such  physician  be 
obsent,  of  the  owner,  lessee,  occupant,  or  other  person 
having  charge  of  the  said  apartments  or  premises,  to 
notify  the  health  officer  of  said  city,  town  or  village, 


Tuberculosis  Law  215 

of  said  death  or  removal  within  twenty-four  hours 
thereafter,  and  such  apartments  or  premises  so  vacated 
shall  not  again  be  occupied  until  duly  disinfected, 
cleansed  or  renovated  as  hereinafter  provided. 

§  324.  Health  officer  to  direct  disinfection,  cleansing 
or  renovation.  When  notified  of  the  vacation  of  any 
apartments  or  premises  as  provided  in  section  three 
hundred  and  twenty-three  thereof,  the  local  health  offi- 
cer or  one  of  his  assistants  or  deputies,  shall  within 
twenty-four  hours  thereafter  visit  said  apartments  or 
premises  and  shall  order  and  direct  that,  except  for 
purposes  of  cleansing  or  disinfection,  no  infected  article 
shall  be  removed  therefrom  until  properly  and  suitably 
cleansed  or  disinfected,  and  all  apartments  or  premises 
shall  be  disinfected,  cleansed  or  renovated  in  order  that 
they  may  be  rendered  safe  and  suitable  for  occupancy 
as  prescribed  by  the  sanitary  code.  If  the  health  au- 
thorities determine  that  disinfection  is  sufficient  to 
render  them  safe  and  suitable  for  occupancy,  such 
apartments  or  premises  together  with  all  infected  ar- 
ticles tberein,  shall  immediately  be  disinfected  by  the 
health  authorities  at  public  expense,  or  provided,  how- 
ever, that  in  any  locality  which  in  the  judgment  of 
the  state  commissioner  of  health  may  be  considered 
a  resort  for  persons  having  tuberculosis,  such  disinfec- 
tion may  in  the  discretion  of  the  health  authorities  be 
done  by  such  health  authorities  at  the  expense  of  the 
owner  of  the  premises.  Should  the  health  authorities 
determine  that  such  apartments  or  premises  are  in 
need  of  thorough  cleansing  and  renovation,  a  notice  in 
writing  to  this  effect  shall  be  served  upon  the  owner 
or  agent  of  said  apartments  or  premises,  and  said 
owner  or  agent  shall  thereupon  proceed  to  the  cleansing 
or  renovating  of  such  apartments  or  premises  in  accord- 
ance with  the  instructions  of  the  health  authorities, 
and  such  cleansing  and  renovation  shall  be  done  at  the 
expense   of    said    owner    or    agent.      The    public   health 


216  The  Public  Health  Law 

council  shall  include  in  the  sanitary  code  regulations 
defining  the  methods  and  precautions  to  be  observed  in 
disinfecting,  cleansing,  or  renovating  premises  under 
the  provisions  of  this  section.  In  any  case  in  which 
the  owner  is  liable  for  the  expense  of  such  disinfection, 
cleansing  or  renovation  by  or  pursuant  to  the  provisions 
of  this  section,  such  expense  if  not  paid  shall  be  a  first 
lien  upon  such  property,  real  or  personal,  so  disin- 
fected, cleansed  or  renovated,  having  preference  over 
all  other  liens  and  incumbrances  whatever.  If  the  lien 
is  against  real  property,  it  may  be  foreclosed  in  the 
manner  prescribed  in  section  thirty-two  of  the  public 
health  law;  if  the  lien  is  against  personal  property  it 
may  be  foreclosed  in  the  manner  prescribed  in  sections 
two  hundred  and  six  to  two  hundred  and  nine,  inclusive, 
of  the  lien  law.  (Am'd  by  L.  1909,  ch.  240;  L.  1910, 
ch.  427  and  L.  1913,  ch.  559,  in  effect  May  16,  1913.) 

§  325.  Prohibiting  occupancy  until  order  of  health 
officer  is  complied  with.  In  case  the  orders  or  direc- 
tions of  the  local  health  officer  requiring  the  disin- 
fection, cleansing  or  renovation  of  any  apartments  or 
premises  or  any  articles  therein  as  hereinbefore  pro- 
vided, shall  not  be  complied  with  within  forty-eight 
hours  after  such  orders  or  directions  shall  be  given, 
the  health  officer  may  cause  a  placard  in  words  and 
form  substantially  as  follows  to  be  placed  upon  the 
door  of  the  infected  apartments  or  premises: 

"  Tuberculosis  is  a  communicable  disease.  These 
apartments  have  been  occupied  by  a  consumptive  and 
may  be  infected.  They  must  not  be  occupied  until  the 
order  of  the  health  officer  directing  their  disinfection 
or  renovation  has  been  complied  with.  This  notice 
must  not  be  removed  under  penalty  of  the  law  except 
by  the  health  officer  or  other  duly  authorized  official." 

§  326.  Prohibiting  carelessness  of  a  person  having 
tuberculosis.     Any  person  having  tuberculosis  who  shall 


1'uberculosis  Law  217 

dispose  of  his  sputum,  saliva  or  other  bodily  secretion 
or  excretion  so  as  to  cause  offense  or  danger  to  any 
person  or  persons  occupying  the  same  room  or  apart- 
ment, house,  or  part  of  a  house,  shall  on  complaint  of 
any  person  or  persons  subjected  to  such  offense  or 
danger,  be  deemed  guilty  of  a  nuisance  and  any  per- 
sons subjected  to  such  a  nuisance  may  make  complaint 
in  person  or  writing  to  the  health  officer  of  any  city, 
town,  or  village  where  the  nuisance  complained  of  is 
committed.  And  it  shall  be  the  duty  of  the  local 
health  officer  receiving  such  complaint  to  investigate 
and  if  it  appears  that  the  nuisance  complained  of  is 
such  as  to  cause  offense  or  danger  to  any  person  occupy- 
ing the  same  room,  apartment,  house  or  part  of  a  house, 
he  shall  serve  a  notice  upon  the  person  so  complained 
of,  reciting  the  alleged  cause  of  offense  or  danger  and 
requiring  him  to  dispose  of  his  sputum,  saliva  or  other 
bodily  secretion  or  excretion  in  such  a  manner  as  to 
remove  all  reasonable  cause  of  offense  or  danger.  Any 
person  failing  or  refusing  to  comply  with  orders  or 
regulations  of  the  local  health  officer  of  any  city,  town 
or  village,  requiring  him  to  cease  to  commit  such  nui- 
sance, shall  be  deemed  guilty  of  a  misdemeanor  and 
en  conviction  thereof  shall  be  fined  not  more  than  ten 
dollars. 

§  326-a.  Control  of  dangerous  and  careless  patients. 
Whenever  a  complaint  shall  be  made  by  a  physician 
to  a  health  officer  that  any  person  is  afflicted  with  any 
infectious,  contagious  or  communicable  disease  or  is  a 
carrier  of  typhoid  fever,  tuberculosis,  diphtheria  or  other 
infectious  disease  and  is  unable  or  unwilling  to  conduct 
himself  and  to  live  in  such  a  manner  as  not  to  expose 
members  of  his  family  or  household  or  other  persons 
with  whom  he  may  be  associated  to  danger  of  infection, 
the  health  officer  shall  forthwith  investigate  the  cir- 
cumstances alleged.  If  he  shall  find  that  any  such 
person  is  a  menace  to  others,  he  shall  lodge  a  complaint 


218  The  Public  Health  Law 

against  such  person  with  a  magistrate,  and  on  such 
complaint  the  said  person  shall  be  brought  before  such 
magistrate.  The  magistrate  after  due  notice  and  a 
hearing,  if  satisfied  that  the  complaint  of  the  health 
officer  is  well  founded  and  that  the  person  is  a  source 
of  danger  to  others,  may  commit  him  to  a  county 
hospital  for  tuberculosis  or  to  any  other  hospital  or 
institution  established  for  the  care  of  persons  suffering 
from  any  such  disease  or  maintaining  a  room,  ward  or 
wards  for  such  person.  Such  person  shall  be  deemed 
to  be  committed  until  discharged  in  the  manner  author- 
ized in  this  section.  In  making  such  commitment  the 
magistrate  shall  make  such  order  for  payment  for  the 
care  and  maintenance  of  such  person  as  he  may  deem 
proper.  The  chief  medical  officer  of  the  hospital  or 
other  institution  to  which  any  such  person  has  been 
committed,  upon  signing  and  placing  among  the  per- 
manent records  of  such  hospital  or  institution  a  state- 
ment to  the  effect  that  such  person  has  obeyed  the 
rules  and  regulations  of  such  hospital  or  institution 
for  a  period  of  not  less  than  sixty  days,  and  that  in 
his  judgment  such  person  may  be  discharged  without 
danger  to  the  health  or  life  of  others,  or  for  any  other 
reason  stated  in  full  which  he  may  deem  adequate  and 
sufficient,  may  discharge  the  person  so  committed.  He 
shall  report  each  such  discharge  together  with  a  full 
statement  of  the  reasons  therefor  at  once  to  the  health 
officer  of  the  city,  village  or  town  from  which  the 
patient  came  and  at  the  next  meeting  of  the  board  of 
managers  or  other  controlling  authority  of  such  hos- 
pital or  institution.  Every  person  committed  under 
the  provisions  of  this  section  shall  observe  all  the  rules 
and  regulations  of  such  hospital  or  institution.  Any 
patient  so  committed  who  neglects  or  refuses  to  obey 
the  rules  or  regulations  of  the  institution  may  by 
direction  of  the  chief  medical  officer  of  the  institution 
be  placed  apart  from  the  other  patients  and  restrained 


Tuberculosis  Law  219 

from  leaving  the  institution.  Any  such  patient  who 
wilfully  violates  the  rules  and  regulations  of  the  insti- 
tution or  repeatedly  conducts  himself  in  a  disorderly 
manner  may  be  taken  before  a  magistrate  by  the  order 
of  the  chief  medical  officer  of  the  institution.  The  chief 
medical  officer  may  enter  a  complaint  against  such  per- 
son for  disorderly  conduct  and  the  magistrate,  after  a 
hearing  and  upon  due  evidence  of  such  disorderly  con- 
duct, may  commit  such  person  for  a  period  not  to 
exceed  six  months  to  any  institution  to  which  persons 
convicted  of  disorderly  conduct  or  vagrancy  or  of  being 
tramps  may  be  committed,  and  such  institution  shall 
keep  such  person  separate  and  apart  from  the  other 
inmates,  provided  that  nothing  in  this  section  shall  be 
construed  to  prohibit  any  person  committed  to  any 
institution  under  its  provisions  from  appealing  to  any 
court  having  jurisdiction,  for  a  review  of  the  evidence 
on  which  commitment  was  made.  (Added  by  L.  1913, 
ch.  559,  in  effect  May  16,  1913.) 

§  327.  Protection  of  patient's  family.  It  shall  be 
the  duty  of  a  physician  attending  a  patient  having 
tuberculosis  to  take  all  proper  precautions  and  to  give 
proper  instructions  to  provide  for  the  safety  of  all 
individuals  occupying  the  same  house  or  apartment,  and 
if  no  physician  be  attending  such  patient  this  duty  shall 
devolve  upon  the  local  health  officer,  and  all  duties  im- 
posed upon  physicians  by  any  sections  of  this  act  shall 
be  performed  by  the  local  health  officer  in  all  cases  of 
tuberculosis  not  attended  by  a  physician,  or  when  the 
physician  fails  to  perform  the  duties  herein  specified, 
and  shall  so  report. 

§  328.  Providing  that  physicians  shall  make  a  com- 
plete statement  of  procedure  and  precautions  on  a  blank 
to  be  furnished  by  the  health  officer.  It  shall  be  the 
duty  of  the  local  health  officer  to  transmit  to  a  phy- 
sician reporting  a  case  of  tuberculosis  as  provided  in 
section  three  hundred  and  twenty,  a  printed  statement 


220  The  Public  Health  Law 

and  report,  in  a  form  approved  by  the  state  commis- 
sioner of  health,  naming  such  procedure  and  precautions 
as  in  the  opinion  of  the  said  commissioner  are  necessary 
or  desirable  to  be  taken  on  the  premises  of  a  tubercu- 
losis patient.  The  state  department  of  health  shall 
print  an  ample  supply  of  such  statements  and  reports 
and  furnish  the  same  in  sufficient  numbers  to  health 
officers  for  all  physicians.  Upon  receipt  of  such  state- 
ment and  report  the  physician  shall  either  carry  into 
effect  all  such  procedure  and  precautions  as  are  therein 
prescribed,  and  shall  thereupon  sign  and  date  the  same 
and  return  it  to  the  local  health  officer  without  delay, 
or,  if  such  attending  physician  be  unwilling  or  unable 
to  carry  into  effect  the  procedures  and  precautions  speci- 
fied, he  shall  so  state  upon  this  report  and  immediately 
return  the  same  to  the  local  health  officer  and  the  duties 
therein  prescribed  shall  thereupon  devolve  upon  said 
local  health  officer  who  shall  receive  the  fee  hereinafter 
provided  as  payment  of  the  services  of  the  physician 
if  he  comply  with  the  duties  herein  prescribed.  Upon 
the  receipt  of  this  statement  and  report  the  local  health 
officer  shall  carefully  examine  the  same,  and  if  satisfied 
that  the  attending  physician  has  taken  all  necessary 
and  desirable  precautions  to  insure  the  safety  of  all 
persons  living  in  the  apartments  or  premises  occupied 
by  the  persons  having  tuberculosis,  the  said  local  health 
officer  shall  issue  an  order  upon  the  treasurer  of  the 
city,  town  or  village  in  favor  of  the  attending  physician, 
except  where  such  physician  is  employed  by  and  re- 
ceives a  salary  from  the  state  of  New  York,  or  is  em- 
ployed by  and  receives  a  salary  from  a  hospital,  sana- 
torium, or  other  similar  private  or  public  institution 
in  the  state  of  New  York,  for  the  sum  of  one  dollar 
thereupon  to  be  paid  out  of  a  fund  which  shall  be  pro- 
vided by  said  city,  town  or  village.  But  no  such  pay- 
ment shall  be  made  to  any  physician  for  reporting  cases 
of  tuberculosis  elsewhere  than  in  the  city,  town  or  vil- 
lage where  such  patient  resides.  If  the  precaution 
taken  or  instructions  given  by  the  attending  physician 


Tuberculosis  Law  221 

are,  in  the  opinion  of  the  local  health  officer,  not  such 
as  will  remove  all  reasonable  danger  or  probability  of 
danger  to  the  persons  occupying  the  said  house  or  apart- 
ments or  premises,  the  local  health  officer  shall  return 
to  the  attending  physician  the  report  with  a  letter 
specifying  the  additional  precautions  or  instructions 
which  the  health  officer  shall  require  him  to  take  or 
give;  and  the  said  attending  physician  shall  immedi- 
ately take  the  additional  precautions  and  give  the  addi- 
tional instructions  specified  and  shall  record  and  return 
the  same  on  the  original  report  to  the  local  health 
officer.  A  health  officer  shall  have  authority  to  cause 
all  reported  cases  of  tuberculosis  within  his  jurisdic- 
tion to  be  visited  from  time  to  time  by  a  public  health 
nurse.  In  every  case  in  which  a  physician  reporting 
the  case  has  elected  to  carry  into  effect  the  procedure 
and  precautions  required  by  this  section,  the  public 
health  nurse  shall  act  under  the  direction  and  super- 
vision of  the  physician.  It  shall  further  be  the  duty 
of  the  health  officer  to  transmit  to  the  physician  report- 
ing any  case  of  tuberculosis  a  printed  requisition,  to 
be  supplied  by  the  state  commissioner  of  health,  and 
issued  in  sufficient  number  to  health  officers  to  supply 
physicians.  Upon  this  requisition  blank  shall  be  named 
the  materials  kept  on  hand  by  the  local  health  officer 
for  the  prevention  of  the  spread  of  tuberculosis  and  it 
shall  be  the  duty  of  the  local  health  officer  to  supply 
such  materials  as  may  be  specified  in  such  requisition. 
Any  physician  may  return  a  duly  signed  requisition 
to  the  local  health  officer  for  such  of  the  specified 
materials  and  in  such  amount  as  he  may  deem  necessary 
to  aid  him  in  preventing  the  spread  of  the  disease,  and 
all  local  health  officers  shall  honor,  as  far  as  possible, 
the  requisition  signed  by  the  attending  physician  in 
such  case.  It  shall  be  the  duty  of  every  local  health 
officer    to   transmit    to   every    physician    reporting    any 


222  The  Public  Health  Law 

case  of  tuberculosis,  or  to  the  person  reported  as  suffer- 
ing from  this  disease,  provided  the  latter  has  no  attend- 
ing physician,  a  circular  of  information  approved  by 
the  state  commissioner  of  health  and  which  shall  be 
provided  in  sufficient  quantity  by  the  local  health  au- 
thorities. This  circular  of  information  shall  inform 
the  consumptive  of  the  best  methods  of  treatment  of 
his  disease  and  of  the  precautions  necessary  to  avoid 
transmitting  the  disease  to  others.  (Am'd  by  L.  1909, 
ch.  426;  L.  1911,  ch.  490,  and  L.  1913,  ch.  559,  in  effect 
May  16,  1913.) 

§  329.  Penalty  for  failure  of  physician  to  perform 
duties  or  for  making  false  reports.  Any  physician  or 
person  practicing  as  a  physician  who  shall  wilfully 
make  any  false  statement  concerning  the  name,  age,  sex, 
color,  occupation,  place  where  last  employed  if  known, 
or  address  of  any  person  reported  as  affected  with 
tuberculosis,  or  who  shall  certify  falsely  as  to  any  of 
the  precautions  taken  to  prevent  the  spread  of  infec- 
tion, shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  thereof  shall  be  subject  to  a  fine  of  not  more 
than  one  hundred  dollars.  (Am'd  by  L.  1913,  ch.  559, 
in  effect  May  16,  1913.) 

§  330.  Reporting  recovery  of  patient.  Upon  the  re- 
covery of  any  person  having  tuberculosis,  it  shall  be 
the  duty  of  the  attending  physician  to  make  a  report 
of  this  fact  to  the  local  health  officer,  who  shall  record 
the  same  in  the  records  of  his  office,  and  shall  relieve 
said  person  from  further  liability  to  any  requirements 
imposed  by  this  article. 

§  331.  General  penalty.  Any  person  violating  any 
of  the  provisions  of  sections  three  hundred  and  twenty 
to  three  hundred  and  thirty,  both  inclusive,  of  this 
article,  shall  be  deemed  guilty  of  a  misdemeanor  and 
upon  conviction  thereof  shall  be  punished,  except  as  in 
this  article  otherwise  provided,  by  a  fine  of  not  less 
than  five  dollars  nor  more  than  fifty  dollars. 


Tuberculosis  Law  223 

§  332.  Application  of  provisions.  No  portion  of  sec- 
tion three  hundred  and  twenty  to  three  hundred  and 
thirty-one,  both  inclusive,  shall  apply  to  the  city  of 
New  York,  nor  shall  the  passage  of  said  sections  modify 
or  repeal  any  of  the  provisions  of  the  charter  of  the 
city  of  New  York,  or  any  rule  or  regulation  issued  by 
the  department  of  health  of  said  New  YTork  city.  (Am'd 
by  L.  1909,  ch.  240,  in  effect  April  22,  1909.) 

§  333.  Like  privileges  in  hospitals  to  be  granted  to 
matriculated  students  of  medical  colleges.  Whenever 
the  managers,  governors,  or  person  or  persons  having 
lawful  control  and  management  over  any  public  hospital 
in  any  city  or  county  in  this  state,  shall  grant  to 
matriculated  students  of  any  legally  incorporated  medi- 
cal college  in  said  city  or  county,  privileges  of  admission 
to  such  hospital  for  hearing  clinics  or  lectures,  or  re- 
ceiving medical  or  surgical  instruction  therein,  the  like 
privileges  and  advantages  shall  be  granted  to  the  ma- 
triculated students  in  each  and  all  legally  incorporated 
medical  colleges  in  said  city  and  county  who  may  desire 
the  same,  without  distinction  or  preference,  and  upon 
equal  terms  and  conditions  to  all.  Nothing  in  this  sec- 
tion shall  prevent  the  managers  of  hospitals  from  limit- 
ing the  attendance  of  students  in  such  hospitals  to  a 
number  compatible  with  the  welfare  of  patients.  But 
in  such  limitation  they  shall  receive  students  from  such 
legally  incorporated  medical  colleges  applying  for  such 
admission  in  proportion  to  the  number  of  students  in 
attendance  upon  such  college. 

§  334.  Iron  stairways  on  outside  of  hospital  buildings. 
All  hospital  buildings  used  for  general  hospital  pur- 
poses, or  hospitals  or  asylums  for  the  insane,  or  any 
hospital  buildings  which  are  more  than  two  stories 
high,  other  than  those  which  are  fireproof  in  their  con- 
struction, shall  have  properly  constructed  iron  stairways 
on  the  outside  thereof,  with  suitable  doorways  leading 
thereto  from  each  story  above  the  first,  for  use  in  case 


224  The  Public  Health  Law 

of  fire.  It  shall  be  the  duty  of  the  trustees,  managers, 
owners  or  proprietors  of  such  hospitals  or  asylums  to 
cause  such  stairways  to  be  constructed  and  maintained. 
If  the  trustees  or  owners  of  any  hospital  as  herein  de- 
scribed, except  those  owned  and  maintained  by  a  city,  a 
county,  or  the  state,  shall  fail  to  provide  such  stairways 
before  the  first  day  of  October,  eighteen  hundred  anl 
ninety-six,  then  the  local  authorities  shall  proceed  to 
erect  sucn  stairways,  and  the  cost  thereof  may  be  recov- 
ered by  an  action  at  law  from  the  property  of  said 
hospital. 

The  district  attorney  of  each  county  is  hereby  charged 
with  the  execution  of  this  statute,  except  in  the  case  of 
hospitals  erected  or  maintained  by  the  state,  city  or  by 
a  county. 

The  provisions  of  this  section  shall  not  apply  to  any 
institution  in  any  of  the  cities  or  counties  of  this  state, 
which  the  fire  department  of  said  city  or  district  attor- 
ney of  the  county  shall  certify  in  writing  to  be  fire- 
proof to  an  extent  which  will  not  require  the  appliances 
and  fixtures  provided  for  in  this  section.  The  certificate 
exempting  institutions  from  the  operations  of  this  sec- 
tion shall  be  filed  during  the  month  of  January  in  each 
year,  in  the  office  of  the  county  clerk  of  the  county. 

ARTICLE  XVI-A. 

Cold   Storage 

(Added  by  L.  1911,  ch.  335,  in  effect  June  15.  1911) 

Section  335.     Definitions. 

336.  Cold  storage  food  to  be  marked. 
336-a.  Licenses  to  be  secured. 

337.  Time  that  cold  storage  food  may  be  kept. 

338.  Powers  of  state  commissioner  of  health. 
338-a.  Food  to  be  condemned. 

339.  Reports  of  warehousemen. 


Cold  Storage  225 

Section  339-a.  Transfers  from  one  warehouse  to  another. 

339-b.  Prohibits  return  of  food  to  cold  storage 
when  once  released  for  purpose  of  plac- 
ing same  on  market  for  sale. 

339-c.  Prohibits  sale  of  food  kept  in  cold  storage 
without  representing  said  fact. 

339-d.  Penalties. 

§  335.  Definitions.  The  term  food  as  used  in  this 
article  shall  include  any  article,  except  nuts,  fruits, 
cheese  and  vegetables,  used  for  food  by  man  or  animal 
and  every  ingredient  of  such  article. 

§  336.  Cold  storage  food  to  be  marked.  It  shall  here- 
after be  unlawful  for  any  person  or  persons,  corporation 
or  corporations,  engaged  in  the  business  of  cold  storage 
warehousemen  or  in  the  business  of  refrigerating,  to  re- 
ceive any  kind  of  food  unless  the  said  food  is  in  an  appa- 
rently pure  and  wholesome  condition,  and  the  food  or  the 
package  containing  the  same  is  branded,  stamped  or 
marked,  in  some  conspicuous  place,  with  the  day,  month 
and  year,  when  the  same  is  received  in  storage  or 
refrigeration. 

It  shall  be  unlawful  for  any  person  or  persons,  corpo- 
ration or  corporations,  engaged  in  the  business  of  cold 
storage  warehousemen  or  in  the  business  of  refrigerating 
to  permit  any  article  of  any  kind  whatsoever  used  for 
food  in  the  possession  of  any  person  or  persons,  corpo- 
ration or  corporations,  engaged  in  the  business  of  cold 
storage  warehousemen  or  refrigerating,  to  be  taken  from 
their  possession  without  first  having  branded,  stamped 
or  marked  on  said  food  stuffs  or  the  package  containing 
same,  in  a  conspicuous  place,  the  day,  month  and  year, 
when  said  food  stuffs  or  package  was  removed  from  cold 
storage  or  refrigeration. 

It  shall  also  be  unlawful  for  any  person  or  persons, 
corporation  or  corporations,  to  offer  for  storage  in  a 
cold  storage  warehouse  or  to  place  in  storage  in  a  cold 
8 


226  The  Public  Health  Law 

storage  warehouse  any  article  of  food  unless  the  same  is 
in  an  apparently  pure  and  wholesome  condition.  (Am'd 
by  L.  1914,  ch.  414,  in  effect  April  17,  1914.) 

§  336-a.  License  to  be  secured.  On  and  after  the 
first  day  of  October,  nineteen  hundred  and  thirteen,  no 
person  or  persons,  firm,  corporation  or  corporations 
other  than  those  engaged  solely  and  exclusively  in  the 
business  of  storing  nuts,  fruit,  cheese  or  vegetables  only, 
shall  operate  a  cold  storage  or  refrigerating  warehouse 
without  a  license  to  be  issued  by  the  state  department 
of  health.  Any  person  or  persons,  firm,  corporation  or 
corporations  desiring  such  a  license  shall  make  written 
application  to  the  department  on  or  before  the  first  day 
of  September,  nineteen  hundred  and  thirteen,  stating 
the  location  of  its  plant  or  plants.  On  receipt  of  the 
application  the  department  shall  cause  an  examination 
to  be  made  into  the  sanitary  condition  of  such  plant  or 
plants  and  if  they  are  found  to  be  in  a  sanitary  con- 
dition and  otherwise  properly  equipped  for  the  business 
of  cold  storage,  the  department  shall  cause  a  license  to 
be  issued  authorizing  the  applicant  to  operate  a  cold 
storage  or  refrigerating  warehouse  for  and  during  the 
period  of  one  year.  The  license  shall  be  issued  upon 
payment  by  the  applicant  of  a  license  fee  of  twenty-five 
dollars  to  the  state  treasurer.  On  or  before  the  first 
day  of  September  in  each  subsequent  year  all  person 
or  persons,  firm,  corporation  or  corporations,  engaged 
in  the  business  of  cold  storage  or  refrigerating  ware- 
housing, shall  make  a  renewal  application  to  the  state 
department  of  health,  stating  the  location  of  its  plant 
or  plants.  If  the  state  department  of  health  is  satisfied 
that  the  plant  or  plants  continue  in  a  sanitary  con- 
dition and  are  otherwise  properly  equipped  for  the  busi- 
ness of  cold  storage,  the  department  shall  on  or  before 
the  first  day  of  October  in  each  subsequent  year  issue 
a  renewal  license  for  one  year  on  the  payment  of  the 
license  fee  of  twenty-five   dollars.     Should  any  person 


Cold  Storage  227 

or  persons,  firm,  corporation  or  corporations,  desire  to 
begin  the  business  of  cold  storage  or  refrigerating  ware- 
housing after  the  first  day  of  October,  nineteen  hundred 
and  thirteen,  it  or  they  shall  file  an  application  with 
the  state  department  of  health  stating  the  location  of 
its  plant  or  plants,  and  the  state  department  of  health 
after  an  examination  on  payment  of  the  license  fee 
may  then  issue  a  license  to  such  applicant,  for  a  period 
up  to  and  including  the  first  day  of  October  next  fol- 
lowing. In  the  event  that  any  warehouse  licensed  under 
the  provisions  of  this  section,  or  any  portion  thereof, 
shall  be  deemed  by  the  state  department  of  health  to 
be  conducted  in  an  unsanitary  manner,  it  shall  be  the 
duty  of  the  department  to  close  such  warehouse,  or 
portion  thereof,  until  it  shall  be  put  in  satisfactory 
condition,  and  the  department  shall  have  power  also  to 
suspend  the  license  in  case  the  needed  changes  shall 
not  be  made  within  a  reasonable  time.  (Added  by  L. 
1913,  ch  560,  in  effect  May  16,  1913.) 

§  337.  Time  that  cold  storage  foods  may  be  kept.  It 
shall  hereafter  be  unlawful  for  any  person,  corporation 
or  corporations,  engaged  in  the  business  of  cold  storage 
warehousemen  or  refrigerating,  or  for  any  person 
placing  food  in  a  cold  storage  warehouse,  to  keep  in  stor- 
age for  preservation  or  otherwise  any  kind  of  food  or 
any  article  used  for  food  a  longer  period  than  ten 
calendar  months,  excepting  butter  products  which  may 
be  kept  in  said  cold  storage  or  refrigeration  twelve  calen- 
dar months.  (Am'd  by  L.  1914,  ch.  414,  in  effect  April 
17,  1914.) 

§  338.  Powers  of  state  commissioner  of  health.  The 
state  commissioner  of  health  is  hereby  vested  with  full 
power  and  authority  to  inspect  and  supervise  all  places 
in  this  state  now  used  or  hereafter  to  be  used  for  cold 
storage  or  refrigerating  purposes;  the  state  commis- 
sioner of  health  or  his  duly  authorized  agents  or  em- 
ployees shall  be  permitted  access  to  such  place  or  places 


228  The  Public  Health  Law 

and  all  parts  thereof  at  all  times  for  the  purpose  of 
seeing  that  said  place  or  places  are  kept  and  maintained 
in  a  clean  and  sanitary  manner,  and  for  the  purpose  of 
determining  whether  or  not  the  provisions  of  this  article 
or  any  other  act  relating  to  food  stuffs  are  being  com- 
plied with.  The  commissioner  of  health  shall  have  the 
power  by  subpoena  or  subpoena  duces  tecum,  issued  and 
attested  by  him  in  his  official  capacity  to  require  the 
attendance  and  testimony  before  him,  or  the  deputy 
commissioner,  of  any  person  who  he  may  have  reason 
to  believe  has  knowledge  of  any  alleged  violation  of  this 
article,  and  the  production  before  him,  or  the  deputy 
commissioner,  of  any  records,  books,  papers  and  docu- 
ments for  the  purpose  of  investigating  any  alleged  vio- 
lation of  this  article.  Such  subpoenas  or  subpoenas  duces 
tecum  may  be  served  by  any  person  over  the  age  of 
twenty-one  years.  No  person  shall  be  excused  from 
attending  and  testifying  or  producing  any  records,  books, 
papers  or  other  documents  before  said  commissioner  of 
health,  or  the  deputy  commissioner,  upon  such  investiga- 
tion upon  the  ground  or  for  the  reason  that  the  testi- 
mony or  evidence,  documentary  or  otherwise,  required 
of  him  may  tend  to  convict  him  of  a  crime  or  subject 
him  to  a  penalty  or  forfeiture,  but  no  person  shall  be 
prosecuted  or  subjected  to  any  penalty  or  forfeiture  for 
or  on  account  of  any  transaction,  matter  or  thing  con- 
cerning which  he  may  so  testify  or  produce  evidence, 
documentary  or  otherwise,  and  no  testimony  so  given  or 
produced  shall  be  received  against  him  upon  any  crimi- 
nal action,  investigation  or  proceeding.  Any  person  who 
shall  omit,  neglect  or  refuse  to  attend  and  testify  or  to 
produce  any  records,  books,  papers  or  documents,  if  in 
his  power  so  to  do,  in  obedience  to  such  subpoena  or 
yubpcena  duces  tecum  shall  be  guilty  of  a  misdemeanor. 
Any  person  who  shall  wilfully  and  knowingly  make  any 
false  statement  under  oath  before  the  commissioner  of 
health,  or  the  deputy  commissioner,  concerning  a  mate- 


Cold  Storage  229 

rial  matter  shall  be  guilty  of  perjury.  The  commissioner 
of  health  and  the  deputy  commissioner  are  hereby  au- 
thorized and  empowered  to  administer  oaths  and  affir- 
mation in  the  usual  appropriate  forms  to  any  person  in 
any  matter  or  proceedings  authorized  as  aforesaid  and 
in  all  matters  pertaining  or  relating  to  this  article  and 
to  take  and  administer  oaths  and  affirmations  in  the 
usual  appropriate  forms,  in  taking  any  affidavit  or 
deposition  which  may  be  necessary  or  required  by  law 
or  by  any  order,  rule  or  regulation  of  the  commissioner 
of  health  for  or  in  connection  with  the  official  purposes, 
affairs,  powers,  duties  or  proceedings  of  said  commis- 
sioner of  health,  or  the  deputy  commissioner,  or  for  any 
official  purpose  lawfully  authorized  by  said  commissioner 
of  health.  The  power  of  supervision  hereby  granted 
shall  extend  to  enable  the  state  commissioner  of  health 
to  adopt  such  reasonable  rules  and  regulations  as  may 
be  determined  upon  from  time  to  time  as  essential  to 
the  proper  protection  of  the  consumer  of  the  commodi- 
ties kept  and  preserved  in  such  place  or  places,  and  the 
state  commissioner  of  health  may  appoint  and  designate 
from  time  to  time  such  person  or  persons  as  he  deems 
fit  for  the  purpose  of  making  such  inspections.  (Am'd 
by  L.  1914,  ch.  414,  in  effect  April  17,  1914.) 

§  338-a.  Food  to  be  condemned.  The  state  commis- 
sioner of  health  may  seize  and  condemn  any  articles  of 
food  in  cold  storage  warehouses  which  are  found  to  be 
unfit  for  use  and  such  articles  of  food  shall  be  de- 
stroyed or  otherwise  disposed  of  under  such  conditions 
as  the  state  commissioner  of  health  may  prescribe. 
(Added  by  L.  1913,  ch.  560,  in  effect  May  16,  1913.) 

§  339.  Reports  of  warehousemen.  All  persons  or 
corporations  engaged  in  the  business  of  cold  storage 
warehousemen,  or  in  the  business  of  refrigerating,  shall 
submit  reports  to  the  state  department  of  health,  upon 
printed  forms  to  be  provided  by  said  state  department 


230  The  Public  Health  Law 

of  health,  setting  forth  in  itemized  particulars  the  quan- 
tity of  each  and  every  food  stuff  in  storage  or  in  the 
control  of  said  person  or  persons,  corporation  or  corpo- 
rations; said  report  shall  be  filed  on  or  before  the 
twenty-fifth  day  of  January,  May  and  September  of 
each  year,  and  reports  so  rendered  shall  show  condi- 
tions existing  upon  the  first  day  of  the  month  in  which 
said    report   is   filed. 

§  339-a.  Transfers  from  one  warehouse  to  another. 
The  transfer  of  any  food  from  one  cold  storage  or 
refrigerating  warehouse  to  another  for  the  purpose  of 
evading  any  provisions  of  this  article  is  hereby  pro- 
hibited. 

§  339-b.  Prohibits  return  of  food  to  cold  storage 
when  once  released  for  purpose  of  placing  same  on  mar- 
ket for  sale.  When  food  has  been  in  cold  storage  or 
refrigeration  and  is  released  therefrom  for  the  purpose 
of  placing  the  same  on  the  market  for  sale  it  shall 
be  a  violation  of  the  provisions  of  this  article  to  again 
place    such    food    in    cold    storage   or    refrigeration. 

§  339-c.  Prohibits  sale  of  food  kept  in  cold  storage 
without  representing  said  fact.  It  shall  be  a  violation 
of  the  provisions  of  this  article  to  sell  any  article  or 
articles  of  food  that  have  been  kept  in  cold  storage  or 
refrigeration,  without  representing  the  same  to  have 
been  so  kept. 

§  339-d.  Penalties.  Any  person  or  persons,  corpora- 
tion or  corporations,  or  officer  or  officers  thereof,  vio- 
lating any  of  the  provisions  of  this  article  shall  be 
guilty  of  a  misdemeanor.  The  conviction  of  any  cor- 
poration shall  not  operate  to  relieve  any  officer  or  of- 
ficers, agents  or  employees  of  such  corporation  from 
prosecution  under  the  provisions  of  this  article. 

Note. —  Rules  and  Regulations  in  relation  to  cold  storage  p.  445. 


Pasteur  Institute;  Prevention  of  Hydrophobia  231 

ARTICLE  XVII 

Pasteur  Institute  and  the  Prevention  of  Hydrophobia 

Section  340.  Persons  to  be  sent  to  Pasteur  institute,  and 
by  what  officers. 

341.  Transportation,  sustenance  and  treatment. 

342.  Charges  for  services  of  Pasteur  institute. 

343.  Inspection  of  the  institute. 

§  340.  Persons  to  be  sent  to  Pasteur  institute,  and 
by  what  officers.  Overseers  of  the  poor  or  other  offi- 
cers having  charge  of  the  dispensation  of  public  charity 
in  the  several  counties  of  this  state  may  hereafter  send 
to  the  Pasteur  institute  in  the  city  of  New  York  all 
persons  duly  certified  by  regular  physicians  to  have  been 
bitten  by  rabid  animals  or  otherwise  put  in  danger  of 
infection  with  rabies. 

§  341.  Transportation,  sustenance  and  treatment.  The 
transportation  of  such  persons,  with  necessary  attend- 
ant or  attendants,  to  and  from  the  city  of  New  York, 
shall  be  a  charge  upon  the  counties  in  which  they  reside. 
The  sustenance,  nursing  and  preventive  treatment  of 
such  persons,  for  the  time  adjudged  necessary,  shall  be 
provided  by  the  Pasteur  institute  of  the  city  of  New 
York. 

§  342.  Charges  for  services  of  Pasteur  institute.  The 
charges  for  the  services  of  the  Pasteur  institute  of  the 
city  of  New  York  for  such  poor  persons  shall  be  paid 
as  is  provided  for  by  section  forty-two  of  the  poor  law, 
at  a  rate  not  exceeding  one  hundred  dollars  a  patient. 

§  343.  Inspection  of  the  institute.  The  Pasteur  insti- 
tute of  the  city  of  New  York  shall  be  at  all  times  open 
to  the  inspection  of  the  governor  and  of  the  state  depart- 
ment of  health  or  of  the  accredited  representative  of 
either,  and  shall  annually,  on  or  before  the  fifteenth  of 
January  of  each  year,  make  its  report  to  the  legislature. 


232  The  Public  Health  Law 

ARTICLE  XVII-A 

(Added  by  L.  1913,  ch.  552,  in  effect  Sept.  1,  1913) 
Cleanliness  in  the  Preparation  and  Service  of  Food 

Section  343-a.  Cleanliness  in  the  preparation  and  service 

of  food. 
343-b.  Powers     of    the    state    commissioner    of 

health. 
343-c.  Penalties. 

§  343-a.  Cleanliness  in  the  preparation  and  service  of 
food.  A  person  or  corporation  engaged  in  the  prepara- 
tion and  sale  of  food  in  any  hotel,  public  restaurant, 
public  dining-room,  dining-car  or  steamboat  in  this 
state  or  an  officer  of  any  public,  penal  or  charitable 
institution  in  this  state,  shall  not  use  in  the  prepara- 
tion or  service  of  any  food  utensils,  dishes,  or  other 
containers  which  have  not  been  previously  cleansed  in 
a  sanitary  manner.  In  such  cleansing  the  use  of  water 
which  has  become  unsanitary  by  previous  use  is  pro- 
hibited. 

§  343-b.  Powers  of  the  state  commissioner  of  health. 
The  state  commissioner  of  health  is  hereby  vested 
with  full  power  and  authority  to  inspect  and  supervise 
all  public  places  in  this  state  above  enumerated  in 
which  food  is  prepared,  sold  or  served.  Such  commis- 
sioner or  his  duly  authorized  agents  or  employees  shall 
be  permitted  access  to  the  kitchens  of  all  hotels,  public 
restaurants,  public  dining-rooms,  dining-cars  and  steam- 
boats in  this  state  and  to  the  kitchens  of  all  public, 
penal  and  charitable  institutions  in  this  state  for  the 
purpose  of  ascertaining  whether  the  provisions  of  this 
article  are  being  observed  and  he  may  adopt  such  rules 
ar  I  regulations  as  may  be  determined  upon  from  time 
to  time  for  the  proper  enforcement  of  this  article.     The 


Suppression  of  Certain  Nuisances  233 

state  commissioner  of  health  may  appoint  and  designate 
from  time  to  time  persons  to  make  the  inspections  au- 
thorized by  this  article. 

§  343-c.  Penalties.  Any  person  or  corporation,  or  offi- 
cer thereof,  violating  any  of  the  provisions  of  this  arti- 
cle shall  be  guilty  of  a  misdemeanor.  The  conviction  of 
any  corporation  shall  not  relieve  any  officer  or  officers, 
agents  or  employees  of  such  corporation  from  prosecu- 
tion under  the  provisions  of  this  article. 

ARTICLE  XVIX-A* 

(Added  by  L.  1014,  ch.  365,  in  effect  April  14,  1914) 

Suppression  of  Certain  Nuisances 

Section  343-a.  Nuisance  defined. 

343-b.  Action  to  enjoin  nuisance. 
343-c.   Jurisdiction  and  procedure. 
343-d.  Trial  of  action. 

343-e.   Discontinuance  of  action;  substitution. 
343-f.   Costs. 

343-g.  Permanent  injunction. 
343-h.  Violation  of  injunction. 
343-i.    Effect    if    portion    of    article    unconstitu- 
tional. 

§  343-a.f  Nuisance  defined.  For  the  purpose  of  this 
article  any  house,  building,  place  or  any  separate  part 
or  portion  thereof,  or  the  ground  itself,  in  or  upon 
which  assignation  or  prostitution  is  conducted,  practiced', 
permitted,  carried  on  or  exists  is  declared  a  nuisance, 
and  whoever  knowingly  shall  erect,  establish,  permit, 
continue,  maintain,  own,  lease  or  sublease  any  house, 
building,  erection,  place  or  any  separate  part  or  portion 
thereof,  used  for  such  purposes,  shall  be  guilty  of  main- 
taining a  nuisance. 


*  Two  articles  have  boon  lmmhriTi!  XVI  la  by  the  Legis- 
ts I  ure. 

f  Two  sections  have  been  numbered  343-a  by  the  Legis- 
lature. 


234  The  Public  Health  Law 

§  343-b.  *  Action  to  enjoin  nuisance.  When  a  nuisance 
is  created,  conducted,  kept,  maintained,  permitted  or 
exists  in  any  county,  the  district  attorney  of  the  county, 
any  taxpayer  residing  in  the  immediate  neighborhood  of 
the  alleged  nuisance,  or  any  domestic  corporation  organ- 
ized for  the  suppression  of  vice,  subject  to  or  which 
submits  to  visitation  by  the  state  board  of  charities,  and 
possesses  a  certificate  from  such  board  of  such  fact  and 
of  conformity  with  its  regulations,  may  maintain  an 
action  in  the  name  of  the  people  of  the  state  of  New 
York,  upon  the  relation  of  such  taxpayer,  corporation 
or  district  attorney,  to  perpetually  enjoin  such  nuisance 
by  any  owner,  agent,  lessee,  occupant  or  employee,  of 
the  house,  building,  erection,  place  or  any  separate  part 
or  portion  thereof  or  ground,  in  or  upon  which  such 
nuisance  is  alleged  to  be  conducted,  kept,  permitted  or 
exists. 

§  343-c.f  Jurisdiction  and  procedure.  Such  action  shall 
be  brought  in  the  supreme  court  of  the  county  in  which 
the  property  is  situated.  At  or  before  the  commence- 
ment of  the  action  a  complaint  alleging  the  facts  con- 
stituting the  nuisance  shall  be  filed  in  the  office  of  the 
clerk  of  the  county,  together  with  a  notice  of  the  pend- 
ency of  the  action,  containing  the  names  of  the  parties, 
the  object  of  the  action  and  a  brief  description  of  the 
property  affected  thereby.  Such  notice  shall  be  imme- 
diately recorded  by  the  clerk  in  accordance  with  the 
provisions  of  section  sixteen  hundred  and  seventy-two 
of  the  code  of  civil  procedure.  After  the  filing  of  the 
complaint,  application  for  a  temporary  injunction  may 
be  made  to  the  supreme  court  or  a  judge  thereof  who 
shall  grant  a  hearing  thereon  if  satisfied  of  the  good 
faith  of  the  application  and  shall  direct  the  service 
upon  the  owner,  agent  or  occupant  of  the  property  in 


♦Two  sections  have  been  numbered  343-b  by  the  Legislatu-e. 
t  Two  sections  have  been  numbered  343-c  by  the  Legislature. 


Suppression  of  Certain  Nuisances  235 

or  upon  which  a  nuisance  is  alleged  to  exist,  of  a  copy 
of  the  complaint,  together  with  a  notice  of  the  time  and 
place  of  the  hearing  of  the  application.  Such  notice 
shall  be  served  at  least  five  days  before  the  hearing.  If 
the  hearing  be  continued  at  the  instance  of  the  defend- 
ant, a  temporary  injunction  restraining  any  person 
from  continuing  such  nuisance  shall  issue  as  a  matter  of 
course.  If  upon  the  hearing,  the  allegations  be  sus- 
tained to  the  satisfaction  of  the  court  or  judge,  such 
court  or  judge  shall  issue  a  temporary  injunction,  with- 
out bond,  restraining  any  person  from  continuing  the 
nuisance. 

§  343-d.  Trial  of  action.  The  action  for  the  permanent 
injunction  shall  be  triable  at  the  term  of  the  supreme 
court  immediately  following  the  issuance  of  the  tem- 
porary injunction  as  provided  in  this  article.  In  such 
action  evidence  of  the  common  fame  and  general  reputa- 
tion of  the  place,  of  the  inmates  thereof,  or  of  those 
resorting  thereto,  shall  be  competent  evidence  to  prove 
the  existence  of  the  nuisance.  An  admission  or  finding 
of  guilt  of  any  person  of  a  violation  of  section  eleven 
hundred  and  forty- six  of  the  penal  law  at  such  place 
shall  be  presumptive  evidence  of  the  nuisance. 

§  343-e.  Discontinuance  of  action;  substitution.  If 
the  action  be  commenced  by  a  taxpayer  it  shall  not  be 
discontinued,  except  upon  the  sworn  statement  of  the 
relator,  or  his  attorney,  stating  the  reason  why  the 
action  should  be  discontinued,  and  no  application  for 
discontinuance  shall  be  granted  nor  shall  the  action  be 
dismissed  upon  default,  unless  approved  in  writing  or 
in  open  court  by  the  district  attorney  of  the  county 
wherein  the  action  is  pending.  If  the  court  rejects  the 
application  for  discontinuance,  it  shall  direct  the  district 
attorney  to  prosecute  such  action  to  judgment.  If  any 
such  action  be  continued  more  than  one  term  of  court, 
any  taxpayer  or  the  district  attorney  of  the  county 
wherein  the  action  is  pending  may,  on  order  of  the  court, 


236  The  Public  Health  Law 

be  substituted  for  the  relator,  and  prosecute  such 
action  to  judgment. 

§  343-f.  Costs.  If  the  action  be  brought  by  a  tax- 
payer or  a  corporation  and  the  court  finds  that  there 
were  no  reasonable  grounds  for  such  action,  the  costs 
thereof  shall  be  taxed  against  the  relator. 

§  343-g.  Permanent  injunction.  If  the  existence  of 
the  nuisance  be  established  upon  the  trial,  a  judgment 
shall  be  entered  which  shall  permanently  and  perpetually 
enjoin  the  defendant  or  defendants  and  any  other  owner, 
agent,  lessee,  occupant  or  employee  from  conducting, 
keeping,  maintaining,  permitting  or  continuing  the 
nuisance  complained  of  on  the  premises  in  or  on  which 
the  nuisance  was  maintained. 

§  343-h.  Violation  of  injunction.  A  violation  of  a 
judgment  entered  under  this  article  shall  constitute  a 
contempt  of  court  punishable  by  imprisonment  for  not 
less  than  ten  days  nor  more  than  twelve  months. 

If  there  be  a  violation  of  such  judgment,  an  order 
shall  issue  directing  the  closing  and  vacating  of  the 
premises  and  enjoining  the  use  thereof  for  not  less  than 
thirty  days  nor  more  than  one  year  from  the  entry  of 
the  order  and  the  court  or  judge  shall  direct  the  sheriff 
to  enforce  such  order  and  shall  allow  him  a  reasonable 
fee,  which  shall  be  a  lien  upon  the  premises.  A  person 
who  breaks,  enters  or  uses  any  house,  building,  erection, 
place  or  any  separate  part  or  portion  thereof,  or  ground 
vacated  or  closed  in  accordance  with  this  article,  except 
for  the  purpose  of  removing  personal  property  and  trade 
fixtures  owned  by  or  mortgaged  to  such  person,  or  the 
corporation,  association,  or  partnership  represented  by 
such  person,  shall  be  guilty  of  contempt  of  court  punish- 
able as  provided  in  this  section. 

§  343-i.  Effect  if  portion  of  article  unconstitutional. 
If  any  part  of  this  article  be  held  unconstitutional  the 
constitutionality  of  the  other  parts  thereof  shall  not  be 
affected  or  impaired. 


State  Institute  for  Study  of  Malignant  Disease     237 

ARTICLE  XVIII 

(Added  by  L.  1911,  eh.  128,  in  effect  May  10,  1911) 
State  Institute  for  the  Study  of  Malignant  Disease 

Section  344.  Establishment  of  institute. 

345.  Management  and  control;  board  of  trustees. 

346.  Objects  and  purposes  of  the  institute. 

347.  Director  of  the  institute. 

§  344.  Establishment  of  institute.  There  shall  be 
established  in  the  city  of  Buffalo  an  institute,  to  be 
known  as  the  state  institute  for  the  study  of  malignant 
disease,  for  the  objects  and  purposes  hereinafter  set 
forth. 

§  345.  Management  and  control;  board  of  trustees. 
The  general  management  and  control  of  said  institute 
shall  be  vested  in  a  board  of  trustees  consisting  of  seven 
members,  one  of  whom  shall  be  the  state  commissioner 
of  health,  ex  officio.  The  remaining  members  shall,  as 
often  as  the  positions  of  the  several  original  members 
constituted  by  the  act  of  which  this  article  is  a  part, 
become  vacant,  be  appointed  by  and  may  be  removed  at 
the  pleasure  of  the  governor.  Said  trustees  shall  serve 
without  compensation,  and  said  board  shall  meet  quar- 
terly and  shall  hold  an  annual  meeting  in  November  to 
receive  the  annual  report  of  the  director  and  to  prepare 
for  transmission  to  the  legislature  its  report  upon  the 
work  of  the  preceding  year.  The  board  shall  audit  the 
annual  expenses  of  the  institute  and  appoint  the 
director.  The  board  of  trustees  shall,  within  the  limits 
of  the  annual  appropriation  made  therefor,  fix  all  sal- 
aries of  officers  and  employees  of  the  institute  and 
authorize  all  disbursements.  The  board  may  meet  any 
time  on  the  call  of  the  chairman  and  shall  be  allowed 
necessary  traveling  expenses  in  attending  the  fixed 
meetings  or  any  special  meetings.     At  least  two  of  the 


238  The  Public  Health  Law 

trustees  shall  be  residents  of  Buffalo  or  vicinity  and  one 
of  them  shall  be  a  member  of  the  medical  faculty  or  of 
the  council  of  the  university  of  Buffalo. 

§  346.  Objects  and  purposes  of  the  institute;  gifts  to 
institute  in  aid  thereof.  The  institute  shall  conduct 
investigations  into  the  cause,  nature,  mortality  rate, 
treatment,  prevention  and  cure  of  cancer  and  allied 
diseases,  and  may  receive  in  its  hospital  for  study, 
experimental  or  other  treatment,  cases  of  cancer  and 
allied  diseases  free  of  charge.  It  shall  publish  from 
time  to  time  the  results  of  its  investigations  for  the 
benefit  of  humanity  and  shall  from  time  to  time  collect 
its  publications  into  the  form  of  a  scientific  report  for 
distribution  to  scientific  bodies  and  to  medical  scientists 
and  qualified  members  of  the  medical  profession.  The 
direction  of  research  work  in  whole  or  in  part  toward 
malignant  diseases  other  than  cancer  shall  not  be  a  vio- 
lation of  the  conditions  of  the  grants  made  under  the 
provisions  of  which  this  article  is  a  part.  The  institute 
may  receive  gifts,  legacies  and  bequests,  and  use  the 
same  in  such  manner  as  the  board  of  trustees  may  deter- 
mine for  the  advancement  of  its  objects  and  purposes. 
(Am'd  by  L.  1913,  ch.  91,  in  effect  March  20,  1913.) 

§  347.  Director  of  the  institute.  A  director  of  the 
institute  shall  be  appointed  by  the  board  of  trustees  and 
shall  serve  until  his  successor  shall  have  been  duly 
appointed  and  qualified.  He  shall  be  a  trained  scientist 
and  shall  have  sole  executive  direction  of  the  work  of 
the  institute.  He  shall  appoint  all  members  of  the  staff, 
subject  to  the  approval  of  the  board  of  trustees,  and  he 
shall  appoint  and  dismiss  at  will  all  other  employees  of 
the  institute. 

§  2.  The  sum  of  sixty -five  thousand  dollars  ($05,000), 
or  so  much  thereof  as  may  be  needed,  is  hereby  appro- 
priated out  of  any  money  in  the  treasury  not  otherwise 
appropriated,  for  the  purpose  of  constructing  and  equip- 
ping a  suitable  building  for  a  state  hospital  for  research 


State  Institute  for  Study  of  Malignant  Disease     239 

purposes,  as  hereinafter  particularly  described,  upon 
ground  adjoining  the  Gratwick  laboratory  at  Buffalo, 
New  York;  such  hospital  and  the  Gratwick  laboratory 
building  shall  be  used  by  and  for  the  state  institute  for 
the  study  of  malignant  disease,  established  by  article 
eighteen  of  the  public  health  law,  as  added  by  this  act, 
but  the  laboratory  building  shall  continue  to  be  known 
as  the  Gratwick  laboratory.  Before  any  part  of  such 
appropriation  shall  be  or  become  available,  the  land  on 
which  the  hospital  building  provided  for  in  this  act  is 
to  stand,  consisting  of  the  plot  adjoining  the  Gratwick 
laboratory  on  the  west,  extending  about  one  hundred  and 
fifty  feet  to  the  corner  of  Oak  street,  with  a  depth  of 
about  one  hundred  and  seventy-nine  feet,  shall  be  con- 
veyed to  the  people  of  the  state  by  the  owners  thereof, 
and  the  conveyance  approved  as  to  form  and  manner  of 
execution  by  the  attorney -general ;  and  the  land  upon 
which  the  Gratwick  laboratory  stands,  together  with  the 
building  thereon,  and  all  of  its  appointments  and  equip- 
ment (heretofore  for  the  purpose  of  medical  research 
provided  for  the  use  of  the  state  by  Mrs.  William  H. 
Gratwick  of  Buffalo,  New  York),  shall  be  by  like  deed, 
similarly  approved,  conveyed  to  the  people  of  the  state. 
The  deeds  may  contain  a  condition  that  the  grant  is 
made  subject  to  the  agreement  on  the  part  of  the  state 
that  there  shall  be  thereafter  maintained  thereon  an 
institute  for  the  study  of  malignant  and  allied  diseases, 
according  to  the  provisions  of  this  act  and  that  upon  the 
determination  by  the  legislature  that  such  institute  shall 
be  no  longer  maintained  at  the  expense  of  the  state,  all 
of  such  land  with  all  buildings  and  improvements  thereon 
and  equipment  therein  shall  revert  to  the  university  of 
Buffalo,  its  successors  or  assigns,  but  in  that  case  such 
reversion  to  the  university  of  Buffalo  shall  not  include 
the  hospital  building  except  upon  the  payment  by  the 
university  of  Buffalo  to  the  state  of  the  then  duly 
appraised  value  of  the  hospital  building. 


240  The  Public  Health  Law 

§  3.  The  original  members,  other  than  the  state  com- 
missioner of  health,  of  the  board  of  trustees  of  the  state 
institute  for  the  study  of  malignant  disease,  as  estab- 
lished by  section  three  hundred  and  forty-four  of  the 
public  health  law,  as  added  by  this  act,  shall  be  the  fol- 
lowing persons:  Roswell  Park,  M.  D.,  Buffalo,  who  shall 
be  chairman;  William  H.  Gratwick,  Buffalo;  Charles 
Cary,  M.  D.,  Buffalo;  John  G.  Milburn,  New  York; 
Frederick  C.  Stevens,  Attica,  New  York;  Charles  S. 
Fairchild,  New  York. 

§  4.  The  amount  hereby  appropriated  shall  be  paid  by 
the  treasurer  upon  the  warrant  of  the  comptroller  upon 
vouchers  approved  as  hereinafter  provided.  The  plans 
and  specifications  for  the  building  herein  provided  for 
shall  be  prepared  or  approved  by  the  state  architect  and 
he  may,  with  the  approval  of  the  board  of  trustees  of 
the  institute,  employ  an  architect  or  architects  to  pre- 
pare the  plans  and  specifications  and  to  locally  supervise 
the  work  of  construction  herein  provided.  All  plans 
and  specifications  shall  be  subject  to  the  approval  of  the 
director  of  said  institute,  appointed  as  provided  by  sec- 
tion three  hundred  and  forty-seven  of  the  public  health 
law,  as  added  by  this  act,  and  of  its  board  of  trustees. 
The  work  under  this  act  shall  be  done  by  contract  except 
work  which  in  the  opinion  of  the  comptroller  and  the 
state  architect  can  be  done  in  whole  or  in  part  more 
advantageously  by  the  employment  of  labor  and  the 
purchase  of  material  in  the  open  market.  All  expendi- 
tures under  this  act  shall  be  made  in  pursuance  of  the 
estimates  or  pursuant  to  contracts  the  form  of  which 
shall  be  prescribed  by  the  state  architect.  The  estimates 
shall  be  made  to  the  comptroller  in  the  usual  form  by 
the  board  of  trustees  of  said  institute.  Where  the  work 
estimated  for  is  upon  drawings  and  specifications  of  the 
state  architect,  the  estimates  shall  be  subject  to  his 
approval  also.     No  item  of  such  appropriation  shall  be 


Operations  foe  Prevention  of  Procreation    241 

available  except  for  necessary  advertising  and  the  prepa- 
ration of  plans  until  a  contract  or  contracts  for  the 
completion  of  the  structure  authorized  to  be  erected 
within  the  appropriation  shall  be  made.  All  contracts 
greater  in  amount  than  one  thousand  dollars  shall  have 
the  performance  thereof  secured  by  a  sufficient  bond  or 
bonds  to  be  approved  by  and  filed  with  the  comptroller. 
In  the  case  of  any  work  which  shall  amount  to  less  than 
one  thousand  dollars  covered  by  contract,  no  surety  bond 
shall  be  required,  provided  payment  is  to  be  made  only 
after  the  work  has  been  satisfactorily  completed.  All 
payments  on  contracts  shall  be  made  on  the  certificate 
of  the  state  architect  and  the  voucher  of  the  board  of 
trustees  of  said  institute  after  audit  of  the  state  comp- 
troller. 

ARTICLE   XIX 

(Added  by  L.  1912,  ch.  445,  in  effect  April  16,  1912) 

Operations  for  the  Prevention   of  Procreation 

Section  350.  Board  of  examiners;   compensation  and  ex- 
penses. 

351.  General  powers  and   duties  of  the  board; 

persons  to  be  operated  upon. 

352.  Appointment   of   counsel   to   persons   to   be 

operated  upon. 

353.  Unauthorized  and  illegal  operations. 

§  350.  Board  of  examiners;  compensation  and  expenses. 
Immediately  after  the  passage  of  this  act,  the  governor 
shall  appoint  one  surgeon,  one  neurologist  and  one  prac- 
titioner of  medicine,  each  with  at  least  ten  years' 
(xperience  in  the  actual  practice  of  his  profession,  for 
a  term  of  five  years,  to  be  known  as  the  board  of  exam- 
iners of  feeble-minded,  criminals  and  other  defectives, 
which  board  is  hereby  created.  The  compensation  of  the 
members  of  such  board  shall  be  ten  dollars  per  diem  for 
each  day  actually   engaged  in  the  performance  of  the 


242  The  Public  Health  Law 

duties  of  the  board,  and  their  actual  and  necessary 
traveling  expenses.  Any  vacancies  occurring  in  said 
board  shall  be  filled  by  appointment  of  the  governor  for 
the  unexpired  term. 

§  351.  General  powers  and  duties  of  the  board;  per- 
sons to  be  operated  upon.  It  shall  be  the  duty  of  the 
said  board  to  examine  into  the  mental  and  physical  con- 
dition and  the  record  and  family  history  of  the  feeble- 
minded, epileptic,  criminal  and  other  defective  inmates 
confined  in  the  several  state  hospitals  for  the  insane, 
state  prisons,  reformatories  and  charitable  and  penal 
institutions  in  the  state,  and  if  in  the  judgment  of  the 
majority  of  said  board  procreation  by  any  such  person 
would  produce  children  with  an  inherited  tendency  to 
crime,  insanity,  feeble-mindedness,  idiocy  or  imbecility 
and  there  is  no  probability  that  the  condition  of  any 
such  person  so  examined  will  improve  to  such  an  extent 
as  to  render  procreation  by  any  such  person  advisable, 
or  if  the  physical  or  mental  condition  of  any  such  person 
will  be  substantially  improved  thereby,  then  said  board 
shall  appoint  one  of  its  members  to  perform  such  opera- 
tion for  the  prevention  of  procreation  as  shall  be  decided 
by  said  board  to  be  most  effective. 

The  criminals  who  shall  come  within  the  operation  of 
this  law  shall  be  those  who  have  been  convicted  of  the 
crime  of  rape  or  such  succession  of  offenses  against  the 
criminal  law  as  in  the  opinion  of  the  board  shall  be 
deemed  to  be  sufficient  evidence  of  confirmed  criminal 
tendencies. 

§  352.  Appointment  of  counsel  to  person  to  be  oper- 
ated upon.  The  board  of  examiners  shall  apply  to  anj 
judge  of  the  supreme  court  or  county  judge  of  the  county 
in  which  said  person  is  confined,  for  the  appointment  of 
counsel  to  represent  the  person  to  be  examined.  Said 
counsel  to  act  at  a  hearing  before  the  judge  and  in  any 
subsequent  proceedings  and  no  order  made  by  said  board 
shall  become  effective  until  five  days  after  it  shall  have 


Sanitary  Conditions  in  Hotels  243 

been  filed  with  the  clerk  of  the  court  and  a  copy  shall 
have  been  served  upon  the  counsel  appointed  to  represent 
the  person  examined  and  proof  of  service  of  said  copy 
of  the  order  to  be  filed  with  the  clerk  of  the  court.  All 
orders  made  under  the  provisions  of  this  act  shall  be 
subject  to  review  by  the  supreme  court  or  any  justice 
thereof,  and  said  court  may  upon  appeal  from  any  order 
grant  a  stay  which  shall  be  effective  until  such  appeal 
shall  have  been  decided.  The  judge  of  the  court  appoint- 
ing any  counsel  under  this  act  may  fix  the  compensation 
to  be  paid  him.  No  surgeon  performing  an  operation 
under  the  provisions  of  this  act  shall  be  held  to  account 
therefor.  The  record  taken  upon  the  examination  of 
every  such  inmate  signed  by  the  said  board  of  examiners 
shall  be  preserved  by  the  institution  where  said  inmate 
is  confined  and  one  year  after  the  performance  of  the 
operation  the  superintendent  or  other  administrative 
officer  of  the  institution  wherein  such  inmate  is  con- 
fined shall  report  to  the  board  of  examiners  the  condi- 
tion of  the  inmate  and  the  effect  of  such  operation  upon 
such  inmate,  and  a  copy  of  the  report  shall  be  filed  with 
the  record  of  the  examination. 

§  353.  Unauthorized  and  illegal  operations.  Except  as 
authorized  by  this  act,  every  person  who  shall  perform, 
encourage,  assist  in  or  otherwise  permit  the  performance 
of  the  operation  for  the  purpose  of  destroying  the  power 
to  procreate  the  human  species  or  any  person  who  shall 
knowingly  permit  such  operation  to  be  performed  upon 
such  person  unless  the  same  shall  be  a  medical  necessity, 
shall  be  guilty  of  a  misdemeanor. 

ARTICLE  XX 

(Added  by  L.  1913,  ch.  630,  in  effect  Sept.  1,  1913) 
Sanitary  Conditions  in  Hotels 

Section  354.  Sewers  and  drainage. 

355.  Bedding,  sheets  and  towels. 

356.  Violation  a  misdemeanor.     Enforcement. 


244  The  Public  Health  Law 

§  354.  Sewers  and  drainage.  Every  hotel  in  this  state 
shall  be  well  drained  and  ventilated  and  every  hotel  con- 
nected with  a  cesspool  or  located  in  any  city  or  village 
having  a  sewer  system  shall  be  well  ventilated,  drained, 
plumbed  and  connected  according  to  sanitary  principles 
with  such  cesspool  or  sewer  system,  and  shall  be  kept 
free  from  effluvia  arising  from  sewer,  drain,  water  closet 
or  other  source  within  the  control  of  the  owner,  man- 
ager, agent  or  other  person  in  charge  of  said  hotel. 

§  355.  Bedding,  sheets  and  towels.  Every  hotel  in  this 
state  shall  furnish  each  guest  with  clean  linen  or  cotton 
individual  towels  in  each  room  occupied  by  such  guest, 
and  also  in  the  public  lavatories  and  washrooms  of  such 
hotel,  and  with  clean  sheets  and  pillow  slips  for  the 
bed,  bunk,  or  cot  to  be  occupied  by  such  guest.  Each 
sheet  used  shall  be  ninety-one  inches  long,  minimum 
length  after  being  hemmed  and  laundered,  and  of  suffi- 
cient width  to  completely  cover  the  mattress  and  springs, 
and  all  sheets  and  pillow  slips  after  being  used  by  one 
guest  must  be  washed,  ironed  and  dried  before  being  fur- 
nished to  another  guest. 

§  35G.  Violation  a  misdemeanor.  Enforcement.  All 
departments  of  health  and  the  commissioner  or  commis- 
sioners thereof  shall  have  power  to  enforce  the  provi- 
sions of  this  article.  The  commissioners  of  health  and 
tim  respective  local  boards  of  health  and  any  person  au- 
thorized by  either  of  them  so  to  do,  may  enter  any  hotel 
or  any  part  thereof  at  any  reasonable  time  to  inspect 
and  examine  the  same,  to  determine  whether  or  not  the 
laws  relating  to  hotels  are  being  complied  with.  Any 
hotel  proprietor  or  manager  violating  any  of  the  pro- 
visions of  this  article  is  guilty  of  a  misdemeanor.  This 
article  shall  not  apply  to  cities  having  a  population  of 
one  million  inhabitants  or  over. 


Vital  Statistics  245 


ARTICLE  XX* 

(Added  by  L.  1913,  ch.  619,  in  effect  Jan.  1,  1914) 

Vital   Statistics 

Section  370.  Registration  of  births  and  deaths;  duties  of 
state  department  of  health. 

371.  Duties  of  state  commissioner  of  health  as 

to  vital  statistics. 

372.  Registration  districts. 

373.  Registrar  of  vital  statistics. 

374.  Correction  of  defective  registration. 

375.  Permits    for    burial    or    removal    of    dead 

bodies. 

376.  Registration  of  stillborn  children. 

377.  Certificate  of  death. 

378.  Registration    of    deaths    occurring    without 

medical  attendance. 

379.  Duties  of  undertaker. 

380.  Duties  of  undertakers;  interment  within  the 

state. 

381.  Interments. 

382.  Registration  of  births. 

383.  Certificate  of  birth. 

384.  Registration  of  name  of  child  subsequent  to 

filing  of  birth  certificate. 

385.  Registration    of    physicians,    midwives    and 

undertakers. 

386.  Registration  of  persons  in  institutions. 

387.  Records  to  be  kept  by  state  commissioner  of 

health. 

388.  Certified  copies  of  birth  certificates  evidence 

of  age. 

389.  District  records  to  be  kept  by  registrar. 

390.  Fees  of  registrar. 


*  Two  articles  have  been  numbered  XX  by  the  Legislature. 


246  The  Public  Health  Law 

Section  391.  Certified  copies   of   records;    state  commis- 
sioner of  health  to  furnish. 

392.  Penalties. 

393.  Enforcement. 

394.  Exemptions. 

§  370.  Registration  of  births  and  deaths;  duties  of 
state  department  of  health.  The  state  department  of 
health  shall  have  charge  of  the  registration  of  births 
and  deaths,  shall  provide  the  necessary  instructions, 
forms  and  blanks  for  obtaining  and  preserving  such 
records,  and  shall  procure  the  faithful  registration  of 
the  same  in  each  primary  registration  district  as  con- 
stituted by  this  article  and  in  the  division  of  vital  sta- 
tistics at  the  capital  of  the  state.  The  said  department 
shall  be  charged  with  the  uniform  and  thorough  enforce- 
ment of  this  article  throughout  the  state  and  shall  from 
time  to  time  recommend  any  additional  legislation  that 
may  be  necessary  for  this  purpose.  The  public  health 
council  may  establish  such  rules  and  regulations  sup- 
plementary to  the  provisions  of  this  article  and  not  in- 
consistent therewith,  as  it  may  deem  necessary  from 
time  to  time,  in  relation  to  the  registration  of  births 
and  deaths.  Such  rules  and  regulations  shall  be  ob- 
served by  all  authorities  upon  whom  duties  are  imposed 
by  this  article  in  connection  with  the  registration  of 
births  and  deaths. 

§  371.  Duties  of  state  commissioner  of  health  as  to 
vital  statistics.  The  state  commissioner  of  health  shall 
have  general  supervision  of  the  division  of  vital  statis- 
tics which  shall  be  established  by  the  department  of 
health,  and  which  shall  be  under  the  immediate  direc- 
tion of  a  director  to  be  appointed  by  the  commissioner, 
who  shall  possess  such  qualifications  as  may  be  pre- 
scribed by  the  public  health  council.  The  state  commis- 
sioner of  health  shall  detail  to  the  division  of  vital  sta- 
tistics   such    clerical   and   other    assistants    as    may   be 


Vital  Statistics  247 

necessary  to  carry  into  effect  the  provisions  of  this  act. 
The  trustees  of  public  buildings  shall  provide  suitable 
offices  in  the  capitol  or  elsewhere  for  the  division  of  vital 
statistics,  which  shall  be  suitably  equipped  for  the  per- 
manent and  safe  preservation  of  all  records  received  or 
made  under  the  provisions  of  this  act. 

§  372.  Registration  districts.  The  state  shall  be  di 
vided  into  registration  districts  as  follows:  Each  city, 
each  incorporated  village,  and  each  town  shall  constitute 
a  primary  registration  district,  provided  that  the  state 
commissioner  of  health  may  combine  two  or  more  pri- 
mary registration  districts  to  facilitate  registration. 

§  373.  Registrar  of  vital  statistics.  In  each  primary 
registration  district  there  shall  be  a  registrar  of  vital 
statistics.  Qualifications  of  registrars  of  vital  statistics 
hereafter  appointed  shall  be  prescribed  by  the  public 
health  council.  A  local  health  officer  shall  be  eligible 
for  appointment  as  registrar  of  vital  statistics  and  if  so 
appointed  and  if  receiving  a  salary  equivalent  to  not 
less  than  fifteen  cents  per  year  per  inhabitant  of  such 
registration  district,  he  shall  serve  as  registrar  of  vital 
statistics  without  additional  remuneration  therefor.  In 
towns  and  villages  the  registrar  of  vital  statistics  shall 
be  appointed  by  the  town  board  and  by  the  village  board 
of  trustees  respectively;  in  the  cities,  unless  otherwise 
provided  by  the  charter,  the  registrar  of  vital  statistics 
shall  be  appointed  by  the  mayor.  The  term  of  office  of 
a  registrar  of  vital  statistics,  unless  the  charter  of  the 
city  or  village  shall  provide  otherwise,  shall  be  four 
years.  Each  registrar  of  vital  statistics  shall  hold  office 
until  his  successor  shall  have  been  appointed  and  shall 
have  qualified.  Any  registrar  of  vital  statistics  who  in 
the  judgment  of  the  state  commissioner  of  health  fails 
or  neglects  to  discharge  efficiently  the  duties  of  his 
office  as  set  forth  in  this  article,  or  to  make  prompt  and 
complete    return    of    births    and    deaths    as    required 


248  The  Public  Health  Law 

thereby,  shall  be  forthwith  removed  by  the  state  commis- 
sioner of  health,  and  such  other  penalties  may  be  im- 
posed as  are  provided  by  this  article.  Each  registrar  of 
vital  statistics  shall  immediately  upon  his  acceptance  of 
appointment  as  such,  appoint  a  deputy  whose  duty  it 
shall  be  to  act  in  his  stead  in  case  of  his  absence  or 
inability,  and  such  deputy  shall  in  writing  accept  such 
appointment  and  be  subject  to  all  rules  and  regulations 
governing  registrars.  When  it  appears  necessary  for 
the  convenience  of  the  people  in  any  rural  district,  the 
registrar  is  authorized,  with  the  approval  of  the  state 
commissioner  of  health,  to  appoint  one  or  more  suitable 
persons  to  act  as  sub-registrars,  who  shall  be  authorized 
to  receive  birth  and  death  certificates  and  to  issue  burial 
or  removal  permits  in  and  for  such  portions  of  the  dis- 
trict as  may  be  designated,  and  each  such  subregistrar 
shall  note  on  each  certificate  over  his  signature  the  date 
of  filing  and  shall  forward  all  certificates  to  the  local 
registrar  of  the  district  within  three  days,  and  in  all 
cases  before  the  third  day  of  the  following  month;  pro- 
vided, however,  that  each  subregistrar  shall  be  subject 
to  the  supervision  and  control  of  the  state  commissioner 
of  health  and  may  be  by  him  removed  for  neglect  or 
failure  to  perform  his  duty  in  accordance  with  the  pro- 
visions of  this  act  or  the  regulations  of  the  public 
health  council,  and  shall  be  subject  to  the  same  penal- 
ties for  neglect  of  duty  as  the  local  registrar. 

§  374.  Correction  of  defective  registration.  If  defects 
be  found  in  the  registration  under  the  supervision  of  a 
registrar  of  vital  statistics,  the  state  commissioner  of 
health  shall  notify  such  registrar  that  such  defects  must 
be  corrected  within  ten  days  of  the  date  of  the  notice.  If 
such  defects  are  not  so  corrected  the  state  commissioner 
of  health  shall  take  control  of  such  registration  and  of 
the  records  thereof,  and  enforce  the  rules  and  regula- 
tions in  regard  thereto  and  secure  a  complete  registra- 


Vital  Statistics  249 

tion  in  such  district,  and  such  control  shall  continue 
until  the  registrar  of  vital  statistics  shall  satisfy  the 
commissioner  of  health  that  he  will  make  such  record 
and  registry  complete  as  required  by  law  and  by  the 
rules  and  regulations  of  the  public  health  council.  The 
expenses  incurred  by  the  state  commissioner  of  health 
or  his  authorized  representative  while  in  control  of  such 
registration  shall  be  a  charge  upon  the  city,  town  or 
village  comprising  the  registration  district. 

§  375.  Permits  for  burial  or  removal  of  dead  bodies. 
The  body  of  any  person  whose  death  occurs  in  this  state 
or  which  shall  be  found  dead  therein  shall  not  be  in- 
terred, deposited  in  a  vault  or  tomb,  cremated  or  other- 
wise disposed  of  or  removed  from  or  into  any  registra- 
tion district,  or  be  temporarily  held  pending  further 
disposition  more  than  seventy-two  hours  after  death, 
unless  a  permit  for  burial,  removal,  or  other  disposition 
thereof  shall  have  been  properly  issued  by  the  registrar 
of  vital  statistics  of  the  registration  district  in  which 
the  death  occurred  or  the  body  was  found.  No  such 
burial  or  removal  permit  shall  be  issued  by  any  regis- 
trar until,  wherever  practicable,  a  complete  and  satis- 
factory certificate  of  death  has  been  filed  with  him  as 
heretofore  provided;  provided  that  when  a  dead  body 
is  transported  from  outside  of  the  state  into  a  registra- 
tion district  in  this  state  for  burial,  the  transit  or  re- 
moval permit  issued  in  accordance  with  the  law  and 
health  regulations  of  the  place  where  the  death  occurred 
shall  be  given  the  same  force  and  effect  as  the  burial 
permit  herein  provided  for.  No  registrar  of  vital  sta- 
tistics shall  receive  any  fee  fo*  the  issuance  of  burial 
or  removal  permits  under  this  act  other  than  the  com- 
pensation provided  in  this  article. 

§  376.  Registration  of  stillborn  children.  A  stillborn 
child  shall  be  registrated  as  a  birth  and  also  as  a  death, 
and  senarate  certificates  of  both  the  birth  and  the  death 


250  The  Public  Health  Law 

shall  be  filed  with  the  registrar  of  vital  statistics  in 
the  usual  form  and  manner,  the  certificate  of  birth  to 
contain  in  place  of  the  name  of  the  child,  the  word 
"stillbirth;"  provided,  that  a  certificate  of  birth  and  a 
certificate  of  death  shall  not  be  required  for  a  child 
that  has  not  advanced  to  the  fifth  month  of  uterogesta- 
tion.  The  medical  certificate  of  the  cause  of  death  shall 
be  signed  by  the  attending  physician,  if  any,  and  shall 
state  the  cause  of  death  as  "  stillborn  ",  with  the  cause 
cf  the  stillbirth,  if  known,  whether  a  premature  birth, 
and,  if  born  prematurely,  the  period  of  uterogestation, 
in  months,  if  known;  and  a  burial  or  removal  permit  of 
the  prescribed  form  shall  be  required.  Midwives  shall 
not  sign  certificates  of  death  for  stillborn  children;  but 
such  cases,  and  stillbirths  occurring  without  attendance 
of  either  physician  or  midwife  shall  be  treated  as  deaths 
without  medical  attendance,  as  hereinafter  provided  in 
this  article. 

§  377.  Certificate  of  death.  The  certificate  of  death 
shall  contain  the  following  items,  which  are  hereby  de- 
clared necessary  for  the  legal,  social  and  sanitary  pur- 
poses subserved  by  registration  records. 

1.  Place  of  death,  including  state,  county,  township, 
village  or  city.  If  in  a  city,  the  ward,  street  and  house 
number;  if  in  a  hospital  or  other  institution,  the  name 
of  the  same  to  be  given  instead  of  the  street  and  house 
number.  If  in  an  industrial  camp,  the  name  of  the 
camp  to  be  given. 

2.  Full  name  of  decedent.  If  an  unnamed  child,  the 
surname  preceded  by  "  unnamed  ". 

3.  Sex. 

4.  Color  or  race  —  as  white,  black,  mulatto  (or  other 
negro  descent),  Indian,  Chinese,  Japanese,  or  other. 

5.  Conjugal  condition  —  as  single,  married,  widowed 
nr  divorced. 

6.  Date  of  birth,  including  the  year,  month,  and  day. 


Vital  Statistics  251 

7.  Age,  in  years,  months  and  days.  If  less  than  one 
day,  the  hours  or  minutes. 

8.  Occupation.  The  occupation  to  be  reported  of  any 
person,  male  or  female,  who  had  any  remunerative  em- 
ployment, with  the  statement  of  trade,  profession,  or 
particular  kind  of  work;  general  nature  of  industry, 
business  or  establishment  in  which  engaged  or  employed. 

9.  Birthplace;  at  least  state  or  foreign  country,  if 
known. 

10.  Name  of  father. 

11.  Birthplace  of  father;  at  least  state  or  foreign 
country,  if  known. 

12.  Maiden  name  of  mother. 

13.  Birthplace  of  mother;  at  least  state  or  foreign 
country,  if  known. 

14.  Signature  and  address  of  informant. 

15.  Official  signature  of  registrar,  with  the  date  when 
certificate  was  filed,  and  registered  number. 

16.  Date  of  death,  year,  month  and  day. 

17.  Certification  as  to  medical  attendance  on  decedent, 
fact  and  time  of  death,  time  last  seen  alive,  and  the 
cause  of  death,  with  contributory,  that  is  to  say,  second- 
ary cause  of  complication,  if  any,  and  duration  of  each, 
and  whether  attributed  to  dangerous  or  insanitary 
conditions  of  employment;  signature  and  address  of 
physician  or  official  making  the  medical  certificate. 

18.  Length  of  residence  at  place  of  death  and  in 
the  state,  together  with  the  place  where  disease  was 
contracted,  if  not  at  place  of  death,  and  former  or  usual 
residence. 

19.  Place  and  date  of  burial,  cremation  or  removal. 

20.  Signature  and  address  of  undertaker  or  person  in 
charge  of  the  corpse. 

The  particulars  called  for  by  items  one  to  thirteen 
inclusive  shall  be  authenticated  by  the  signature  of  the 
informant,  who  may  be  any  competent  person  acquainted 
with  the  facts. 


252  The  Public  Health  Law 

The  statement  of  facts  relating  to  the  disposition  of 
the  body  shall  be  signed  by  the  undertaker  or  person 
in  charge  of  the  corpse. 

The  medical  certificates  shall  be  made  and  signed  by 
the  physician,  if  any,  last  in  attendance  on  the  deceased, 
who  shall  specify  the  time  in  attendance,  the  time  he 
last  saw  the  deceased  alive  and  the  hour  of  the  day  at 
which  death  occurred.  He  shall  further  state  the  cause 
of  death,  so  as  to  show  the  cause  of  disease  or  sequence 
of  causes  resulting  in  the  death,  giving  first  the  name 
of  the  disease  causing  death,  that  is  to  say,  the  primary 
cause,  and  the  contributory,  that  is  to  say,  the  secondary 
cause,  if  any,  and  the  duration  of  each.  Indefinite  terms, 
denoting  only  symptoms  of  disease  or  conditions  result- 
ing from  disease,  shall  not  be  held  sufficient  for  the 
issuance  of  a  burial  or  removal  permit.  Any  certificate 
stating  the  cause  of  death  in  terms  which  the  state 
commissioner  of  health  shall  have  declared  indefinite, 
shall  be  returned  to  the  physician  or  person  making 
the  medical  certificate  for  correction  and  more  definite 
statement.  Causes  of  death  which  may  be  the  result  of 
either  disease  or  violence  shall  be  explicitly  defined; 
and  if  from  violence,  the  means  of  injury  shall  be  stated, 
and  whether  apparently  accidental,  suicidal,  or  homi- 
cidal. For  deaths  in  hospitals,  institutions,  or  of  non- 
residents, the  physician  shall  supply  the  information 
required  under  Item  18,  if  he  is  able  to  do  bo,  and  may 
state  where,  in  his  opinion,  the  disease  was  contracted. 

§  378.  Registration  of  deaths  occurring  without  med- 
ical attendance.  In  case  of  any  death  occurring  with- 
out medical  attendance,  it  shall  be  the  duty  of  the 
undertaker  or  other  person  to  whose  knowledge  the 
death  may  come  to  notify  the  local  health  officer  of 
such  death,  and  when  so  notified  the  health  officer  shall 
immediately  investigate  and  certify  as  to  the  cause  of 
death;  provided  that  if  the  health  officer  has  reason  to 
believe  that  the  death  may  have  been  due  to  unlawful 


Vital  Statistics  253 

act  or  neglect  he  shall  then  refer  the  case  to  the  coroner 
or  other  proper  officer  for  his  investigation  and  certifica- 
tion. The  coroner  or  other  proper  officer  whose  duty- 
it  is  to  hold  an  inquest  on  the  body  of  a  deceased  per- 
son, and  to  make  the  certificate  of  death  required  for  a 
burial  permit,  shall  state  in  his  certificate  the  name  of 
the  disease  causing  death,  or  if  from  external  causes,  the 
means  of  death;  whether  probably  accidental,  suicidal 
or  homicidal;  and  shall,  in  any  case,  furnish  such  infor- 
mation as  may  be  required  by  the  state  commissioner 
of  health  in  order  properly  to  classify  the  death. 

§  379.  Duties  of  undertaker.  In  each  case  the  under- 
taker, or  person  having  charge  of  the  corpse,  shall  file 
the  certificate  of  death  with  the  registrar  of  the  district 
in  which  the  death  occurred  and  obtain  a  burial  or 
removal  permit  prior  to  any  disposition  of  the  body. 
He  shall  obtain  the  required  personal  and  statistical 
particulars  from  a  person  qualified  to  supply  them, 
over  the  signature  and  address  of  his  informant.  He 
shall  then  present  the  certificate  to  the  attending  phy- 
sician, who  shall  forthwith  fill  out  and  sign  the  medical 
certificate  of  death,  or  to  the  health  officer  or  coroner, 
for  the  medical  certificate  of  the  cause  of  death  and 
other  particulars  necessary  to  complete  the  record  for 
the  registration  of  deaths,  as  specified  in  this  article,  if 
no  physician  was  in  attendance  upon  the  deceased.  He 
shall  then  state  the  facts  required  relative  to  the  date 
and  place  of  burial,  cremation  or  removal,  over  his  sig- 
nature and  with  his  address,  and  present  the  completed 
certificate  to  the  registrar  in  order  to  obtain  a  permit 
for  burial,  removal  or  other  disposition  of  the  body.  The 
undertaker  shall  deliver  the  burial  permit  to  the  person 
in  charge  of  the  place  of  burial,  before  interring  or 
otherwise  disposing  of  the  body;  or  shall  attach  the 
removal  permit  to  the  box  containing  the  corpse,  when 
shipped  by  any  transportation  company;  said  permit  to 
accompany  the  corpse  to  its  destination,  where  if  within 


254  The  Public  Health  Law 

the  state  of  New  York,  it  shall  be  delivered  to  the 
person  in  charge  of  the  place  of  burial. 

§  380.  Duties  of  undertakers;  interment  within  the 
state.  If  the  interment,  or  other  disposition  of  the 
body  is  to  be  made  within  the  state,  the  wording  of 
the  burial  or  removal  permit  may  be  limited  to  a  state- 
ment by  the  registrar,  and  over  his  signature,  that  a 
satisfactory  certificate  of  death,  having  been  filed  with 
him,  as  required  by  law,  permission  is  granted  to  inter, 
remove  or  dispose  otherwise  of  the  body,  stating  the 
name,  age,  sex,  cause  of  death,  and  other  necessary 
details  upon  the  form  prescribed  by  the  commissioner 
of  health. 

§  381.  Interments.  No  person  in  charge  of  any  prem- 
ises on  which  interments  or  cremations  are  made  shall 
inter  or  permit  the  interment  or  other  disposition  of 
any  body  unless  it  is  accompanied  by  a  burial,  crema- 
tion or  transit  permit,  as  herein  provided.  Such  person 
shall  endorse  upon  the  permit,  the  date  of  interment, 
or  cremation  over  his  signature,  and  shall  return  all 
permits  so  endorsed  to  the  registrar  of  his  district 
within  seven  days  from  the  date  of  interment  or  cre- 
mation. He  shall  keep  a  record  of  all  bodies  interred 
or  otherwise  disposed  of  on  the  premises  under  his 
charge,  in  each  case  stating  the  name  of  each  deceased 
person,  place  of  death,  date  of  burial  or  disposal,  and 
name  and  address  of  the  undertaker;  which  record  shall 
at  all  times  be  open  to  official  inspection;  provided 
that  the  undertaker  or  person  having  charge  of  the 
corpse,  when  burying  a  body  in  a  cemetery  or  burial 
ground  having  no  person  in  charge,  shall  sign  the  burial 
or  removal  permit,  giving  the  date  of  burial,  and  shall 
write  across  the  face  of  the  permit  the  words  "  No  per- 
son in  charge,"  and  file  the  burial  or  removal  permit 
within  three  days  with  the  registrar  of  the  district 
in  which  the  cemetery  is  located. 


Vital  Statistics  255 

§  382.  Registration  of  births.  The  birth  of  each  and 
every  child  born  in  this  state  shall  be  registered  within 
five  days  after  the  date  of  each  birth,  there  shall  be 
filed  with  the  registrar  of  the  district  in  which  the 
birth  occurred  a  certificate  of  such  birth,  which  cer- 
tificate shall  be  upon  the  form  prescribed  therefor  by 
the  state  commissioner  of  health.  In  each  case  where 
a  physician,  midwife  or  person  acting  as  midwife,  was 
in  attendance  upon  the  birth,  it  shall  be  the  duty  of 
such  physician,  midwife  or  person  acting  as  midwife, 
to  file  said  certificate.  In  each  case  where  there  was 
no  physician,  midwife,  or  person  acting  as  midwife,  in 
attendance  upon  the  birth,  it  shall  be  the  duty  of  the 
father  or  mother  of  the  child,  the  householder  or  owner 
of  the  premises  where  the  birth  occurred,  or  the  man- 
ager or  superintendent  of  the  public  or  private  institu- 
tion where  the  birth  occurred,  each  in  the  order  named, 
within  five  days  after  the  date  of  such  birth,  to  report 
to  the  local  registrar  the  fact  of  such  birth.  In  such 
case  and  in  case  the  physician,  midwife  or  person  acting 
as  midwife  in  attendance  upon  the  birth  is  unable,  by 
diligent  inquiry,  to  obtain  any  item  or  items  of  infor- 
mation required  in  this  article,  it  shall  then  be  the 
duty  of  the  registrar  to  secure  from  the  person  so 
reporting,  or  from  any  other  person  having  the  required 
knowledge,  such  information  as  will  enable  him  to 
prepare  the  certificate  of  birth  herein  required,  and  it 
shall  be  the  duty  of  the  person  reporting  the  birth  or 
who  may  be  interrogated  in  relation  thereto  to  answer 
correctly  and  to  the  best  of  his  knowledge  all  questions 
put  to  him  by  the  registrar  which  may  be  calculated  to 
elicit  any  information  needed  to  make  a  complete  record 
of  the  birth  as  contemplated  by  this  article,  and  it 
shall  be  the  duty  of  the  informant  as  to  any  statement 
made  in  accordance  herewith  to  verify  such  statement 
by  his  signature,  when  requested  so  to  do  by  the  local 
registrar. 


256  The  Public  Health  Law 

§  383.  Certificate  of  birth.  The  certificate  of  birth 
shall  contain  the  following  items,  which  are  hereby  de- 
clared necessary  for  the  legal,  social  and  sanitary  pur- 
poses subserved  by  registration  records. 

1.  Place  of  birth,  including  state,  county,  town,  vil- 
lage or  city.  If  in  a  city,  the  ward,  street  and  house 
number;  if  in  a  hospital  or  other  institution,  the  name 
of  the  same  to  be  given,  instead  of  the  street  and  house 
number. 

2.  Full  name  of  child.  If  the  child  dies  without  a 
name,  before  the  certificate  is  filed,  enter  the  words 
'*  Died  unnamed."  If  the  living  child  has  not  yet  been 
named  at  the  date  of  filing  certificate  of  birth,  the 
space  for  "  full  name  of  child  "  is  to  be  left  blank,  to 
be  filled  out  subsequently  by  a  supplemental  report,  as 
hereinafter  provided. 

3.  Sex  of  child. 

4.  Whether  a  twin,  triplet,  or  other  plural  birth. 
A  separate  certificate  shall  be  required  for  each  child 
in  case  of  plural  births. 

5.  For  plural  births,  number  of  each  child  in  order 
of  birth. 

6.  Whether  legitimate  or  illegitimate. 

7.  Date  of  birth,  including  the  year,  month  and  day. 

8.  Full  name  of  father;  provided,  that  if  the  child 
is  illegitimate,  the  name  of  the  putative  father  shall 
not  be  entered  without  his  consent,  but  the  other  par- 
ticulars relating  to  the  putative  father  may  be  entered 
if   known,   otherwise  as  "  unknown." 

9.  Residence  of  father. 

10.  Color  or  race  of  father. 

11.  Age  of  father  at  last  birthday,  in  years. 

12.  Birthplace  of  father;  at  least  state  or  foreign 
country,  if  known. 

13.  Occupation  of  father.  The  occupation  to  be  re- 
ported   if    engaged    in    any    remunerative    employment, 


Vital  Statistics  257 

with  the  statement  of  trade,  profession,  or  particular 
kind  of  work;  general  nature  of  industry,  business  or 
establishment  in  which  engaged  or  employed. 

14.  Maiden  name  of  mother. 

15.  Residence  of  mother. 

16.  Color  or  race  of  mother. 

17.  Age  of  mother  at  last  birthday,  in  years. 

18.  Birthplace  of  mother;  at  least  state  or  foreign 
country,  if  knowTn. 

19.  Occupation  of  mother.  The  occupation  to  be  re- 
ported if  engaged  in  any  remunerative  employment, 
with  the  statement  of  trade,  profession,  or  particular 
kind  of  work:  general  nature  of  industry,  business  or 
establishment  in  which  engaged  or  employed. 

20.  Number  of  children  born  to  this  mother,  includ 
ing  present  birth. 

21.  Number  of  children  of  this  mother  living. 

22.  The  certification  of  attending  physician  or  mid- 
wife as  to  attendance  at  birth,  including  statement  of 
year,  month,  day  and  hour  of  birth,  and  whether  the 
child  wras  born  alive  or  stillborn.  This  certification 
shall  be  signed  by  the  attending  physician  or  midwife, 
with  date  of  signature  and  address;  if  there  was  no 
physician  or  midwife  in  attendance,  then  by  the  father 
or  mother  of  the  child,  householder,  owner  of  the  prem- 
ises, manager  or  superintendent  of  public  or  private 
institution  where  the  birth  occurred,  or  other  com- 
petent person,  whose  duty  it  shall  be  to  notify  the  local 
registrar  of  such  birth. 

23.  Exact  date  of  filing  in  office  of  local  registrar, 
attested  by  his  official  signature,  and  registered  number 
of  birth,  as  hereinafter  provided. 

§   384.   Registration   of  name  of  child   subsequent   to 

filing  of  birth  certificate.     When  any  certificate  of  birth 

of  a  living  child  is  presented  without  the  statement  of 

the  given  name,  the  local  registrar  shall  make  out  and 

9 


258  The  Public  Health  Law 

deliver  to  the  parents  of  the  child  a  special  blank  for 
the  supplemental  report  of  the  given  name  of  the  child, 
which  shall  be  filled  out  as  directed,  and  returned  to 
the  local  registrar  as  soon  as  the  child  shall  have  been 
named. 

§  385.  Registration  of  physicians,  midwives,  and  un- 
dertakers. Every  physician,  midwife  and  undertaker 
shall,  on  or  before  the  day  on  which  this  article  takes 
effect,  register  his  or  her  name,  address  and  occupation 
with  the  registrar  of  the  district  in  which  he  or  she 
resides,  and  shall  so  register  in  any  district  in  which 
he  or  she  may  hereafter  establish  a  residence;  and  shall 
thereupon  be  supplied  by  the  registrar  with  a  copy  of 
this  article,  together  with  such  rules  and  regulations 
as  may  be  prepared  by  the  public  health  council  rela- 
tive to  its  enforcement.  Within  thirty  days  after  the 
close  of  each  calendar  year  each  registrar  shall  make 
a  return  to  the  state  commissioner  of  health  of  all 
physicians,  midwives,  or  undertakers  who  have  been 
registered  in  his  district  during  the  whole  or  any  part 
of  the  preceding  calendar  year;  provided,  that  no  fee 
or  other  compensation  shall  be  charged  by  registrars 
to  physicians,  midwives  or  undertakers  for  registering 
their  name  under  this  section  or  making  returns  thereof 
to  the  state  commissioner  of  health. 

§  386.  Registration  of  persons  in  institutions.  All 
superintendents  or  managers  or  other  persons  in  charge 
of  hospitals,  almshouses,  lying-in  or  other  institutions, 
public  or  private,  to  which  persons  resort  for  treatment 
of  diseases  or  confinement,  or  to  which  persons  are 
committed  by  process  of  law,  shall  make  a  record  of 
all  the  personal  and  statistical  particulars  relative  to 
the  inmates  in  their  institutions  when  this  act  takes 
effect;  which  are  required  in  the  forms  of  the  certificate 
provided  for  by  this  article  as  directed  by  the  state 
commissioner  of  health;  and  thereafter  such  record 
shall  be  by  them  made  for  all  future  inmates  at  the 


Vital  Statistics  250 

time  of  their  admittance.  In  the  case  of  persons  ad- 
mitted or  committed  for  treatment  of  disease,  the  phy- 
bician  in  charge  shall  specify  for  entry  in  the  record, 
the  nature  of  the  disease,  and  where,  in  his  opinion, 
it  was  contracted.  The  personal  particulars  and  infor- 
mation required  by  this  section  shall  be  obtained  from 
the  individual  himself  if  it  is  practicable  to  do  so;  and 
when  they  cannot  be  so  obtained,  they  shall  be  obtained 
in  as  complete  a  manner  as  possible  from  relatives, 
friends,  or  other  persons  acquainted  with  the  facts. 

§  387.  Records  to  be  kept  by  state  commissioner  of 
health.  The  state  commissioner  of  health  shall  prepare, 
print,  and  supply  to  all  registrars  all  blanks  and  forms 
used  in  registering,  recording  and  preserving  the  re- 
turns, or  in  otherwise  carrying  out  the  purposes  of 
this  article,  and  shall  prepare  and  issue  such  detailed 
instructions,  not  inconsistent  with  the  regulation  estab- 
lished by  the  public  health  council,  as  may  be  required 
to  procure  the  uniform  observance  of  its  provision  and 
the  maintenance  of  a  perfect  system  of  registration; 
and  no  other  blanks  shall  be  used  than  those  supplied 
by  the  state  commissioner  of  health.  He  shall  care- 
fully examine  the  certificates  received  monthly  from 
the  registrars,  and  if  any  such  are  incomplete  or  un- 
satisfactory he  shall  require  such  further  information 
to  be  supplied  as  may  be  necessary  to  make  the  record 
complete  and  satisfactory.  All  physicians,  midwives, 
undertakers,  or  informants,  and  all  other  persons  hav- 
ing knowledge  of  the  facts,  are  hereby  required  to 
supply,  upon  a  form  provided  by  the  state  'commissioner 
of  health  or  upon  the  original  certificate,  such  informa- 
tion as  they  may  possess  regarding  any  birth  or  death 
upon  demand  of  the  state  commissioner  of  health,  in 
person,  by  mail,  or  through  the  registrar;  provided, 
that  no  certificate  of  birth  or  death,  after  its  acceptance 
for  registration  by  the  registrar,  and  no  other  record 
made  in  pursuance  of  this  article,  shall  be  altered  or 


260  The  Public  Health  Law 

changed  in  any  respect  otherwise  than  by  amendments 
properly  dated,  signed  and  witnessed.  The  state  com- 
missioner of  health  shall  arrange,  and  permanently  pre- 
serve the  certificates  in  a  systematic  manner,  and  shall 
prepare  and  maintain  a  comprehensive  and  continuous 
card  index  of  all  births  and  deaths  registered;  said 
index  to  be  arranged  alphabetically,  in  the  case  of 
deaths,  by  the  names  of  decedents,  and  in  the  case  of 
births,  by  the  names  of  fathers  or  mothers  if  born  out 
of  wedlock.  He  shall  inform  all  registrars  what  dis- 
eases are  to  be  considered  infectious,  contagious,  or 
communicable  and  dangerous  to  the  public  health,  as 
decided  by  the  public  health  council  in  order  that  when 
deaths  occur  from  such  diseases  proper  precautions 
may  be   taken  to  prevent  their   spread. 

§  388.  Certified  copies  of  birth  certificates  evidence  of 
age.  Certified  copies  of  birth  certificates,  or  of  state- 
ments based  on  duly  registered  certificates  of  birth 
shall  be  accepted  by  public  school  authorities  in  this 
state  as  prima  facie  evidence  of  age  of  children,  regis- 
tering for  school  attendance,  and  by  the  legally  con 
stituted  authorities  as  prima  facie  proof  of  age  for 
the  issuance  of  employment  certificates,  provided  that 
when  it  is  not  possible  to  secure  such  certified  copy  of 
birth  registration  certificate  for  any  child,  the  school 
authorities  may  accept  as  secondary  proof  of  age  any 
of  the  kinds  of  evidence  specified  in  the  labor  law. 

§  380.  District  records  to  te  kept  by  registrar.  Each 
registrar  shall  supply  blank  forms  of  certificates  to 
such  persons  as  require  them.  Each  registrar  shall 
carefully  examine  each  certificate  of  birth  or  death 
-Alien  presented  for  record  in  order  to  ascertain  whether 
or  not  it  has  been  made  out  in  accordance  with  the 
provisions  of  this  act  and  the  instructions  of  the  state 
commissioner  of  health ;  and  if  any  certificate  of  death 
is  incomplete  or  unsatisfactory,  it  shall  be  his  duty  to 


Vital  Statistics  261 

call  attention  to  the  defects  in  the  return,  and  to  with- 
hold the  burial  or  removal  permit  until  such  defects 
are  corrected.  All  certificates,  either  of  birth  or  death, 
shall  be  written  legibly,  in  durable  black  ink,  and  no 
Certificate  shall  be  held  to  be  complete  and  correct  that 
'[oes  not  supply  all  of  the  items  of  information  called 
for  therein,  or  satisfactorily  account  for  their  omission. 
Tf  the  certificate  of  death  is  properly  executed  and  com- 
plete, he  shall  then  issue  a  burial  or  removal  permit 
to  the  undertaker;  provided,  that  in  case  the  death 
occurred  from  some  disease  which  is  held  by  the  public 
health  council  to  be  infectious,  contagious,  or  com- 
municable and  dangerous  to  the  public  health,  no  per- 
mit for  the  removal  or  other  disposition  of  the  body 
shall  be  issued  by  the  registrar,  except  to  an  under- 
taker licensed  under  section  two  hundred  and  ninety- 
five  of  the  public  health  law,  under  such  conditions  as 
may  be  prescribed  by  the  state  public  health  council. 
If  a  certificate  of  birth  is  incomplete,  the  local  registrar 
shall  immediately  notify  the  informant,  and  require 
him  to  supply  the  missing  items  of  information  if  they 
can  be  obtained.  He  shall  number  consecutively  the 
certificates  of  birth  and  death,  in  two  separate  series, 
beginning  with  the  number  one  for  the  first  birth  and 
the  first  death  in  each  calendar  year,  and  sign  his  name 
as  registrar  in  attest  of  the  date  of  filing  in  his  office. 
He  shall  also  make  a  complete  and  accurate  copy  of 
each  birth  and  each  death  certificate  registered  by  him 
in  a  record  book  supplied  by  the  state  commissioner 
cf  health,  to  be  preserved  permanently  in  his  office  as 
the  local  record,  in  such  manner  as  directed  by  the  com- 
missioner of  health.  He  shall,  on  the  fifth  day  of  each 
month,  transmit  to  the  state  commissioner  of  health 
all  original  certificates  registered  by  him  for  the  preced- 
ing month.  If  no  births  or  no  deaths  occurred  in  any 
month,  he  shall  on  the  fifth  day  of  the  following  month, 


262  The  Public  Health  Law 

report  that  fact  to  the  state  commissioner  of  health 
on  a  card  provided  for  such  purpose. 

§  39.  Fees  of  registrar  for  the  prompt  and  correct 
return  and  filing  of  birth  and  death  certificates.  Except 
as  hereinbefore  otherwise  provided  each  registrar  and 
each  physician  shall  be  paid  the  sum  of  twenty-five 
cents  for  each  birth  certificate  properly  and  completely 
made  out  and  registered  and  each  death  certificate 
properly  and  completely  made  out  in  accordance  with 
the  international  list  of  causes  of  death  and  returned 
and  filed  with  the  registrar  and  correctly  recorded  and 
promptly  returned  by  him  to  the  state  commissioner 
of  health,  as  required  by  this  act.  And  in  case  no  births 
or  no  deaths  were  registered  during  any  month,  the 
local  registrar  shall  be  entitled  to  be  paid  the  sum  of 
twenty-five  cents  for  each  report  to  that  effect,  but 
only  if  such  report  be  made  promptly  as  required  by 
this  act.  All  amounts  payable  to  the  local  registrar 
under  the  provisions  of  this  article  shall  be  paid  by  the 
municipality  comprising  the  registration  district,  upon 
certification  by  the  state  commissioner  of  health  and  all 
amounts  payable  to  physicians  shall  be  certified  to  by  the 
local  registrar  annually  and  paid  to  said  physicians  by 
said  municipality.  The  state  commissioner  of  health 
shall  annually  certify  to  the  municipality  the  number  of 
births  and  deaths  properly  registered,  with  the  name 
of  the  local  registrar  and  the  amount  due  him  at  the 
rate  fixed  herein.  (Am'd  by  L.  1915,  ch.  385,  in  effect 
April  26,  1915.) 

§  391.  Certified  copies  of  records;  state  commissioner 
of  health  to  furnish.  The  state  commissioner  of  health 
may,  upon  request,  supply  to  any  applicant  a  certified 
copy  of  the  record  of  any  birth  or  death  registered 
under  the  provisions  of  this  act,  for  the  making  and 
certification  of  which  he  shall  be  entitled  to  a  fee  of 
one  dollar,  to  be  paid  by  the  applicant;  provided  that 
the  United  States  census  bureau  may  obtain,  without 
expense  to  the  state,  transcripts  of  certified  copies  of 


Vital  Statistics  263 

births  and  deaths  without  payment  of  the  fee  here 
prescribed,  for  use  solely  as  statistical  data.  Any 
copy  of  the  record  of  a  birth  or  death,  when  properly 
certified  by  the  state  commissioner  of  health,  shall  be 
prima  facie  evidence  in  all  courts  and  places  of  the 
facts  therein  stated.  For  any  search  of  the  files  and 
records  when  no  certified  copy  is  made,  the  state  com- 
missioner of  health  shall  be  entitled  to  a  fee  of  fifty 
cents  for  each  hour  or  fractional  part  of  an  hour  of 
lime  of  search,  said  fee  to  be  paid  by  the  applicant. 

If  any  time  within  ten  years  of  the  birth,  or  one 
year  of  the  death  of  any  person  within  this  state,  a 
certified  copy  of  the  official  record  of  said  birth  or 
death  with  the  information  required  to  be  registered 
by  this  act,  be  necessary  for  legal,  judicial,  or  other 
proper  purposes,  and,  after  search  by  the  state  commis- 
sioner of  health,  it  should  appear  that  no  such  certifi- 
cate of  birth  or  death  was  made  and  filed  as  provided 
by  this  act,  then  the  person  asking  for  such  certified 
copy  may  file  a  sworn  statement,  to  be  accompanied  by 
the  affidavits  of  two  competent  witnesses,  as  to  the  fact 
of  birth  or  death,  with  as  many  particulars  of  the 
standard  certificate  supplied  as  possible,  and  the  state 
commissioner  of  health  shall  file  it  and  issue  a  certified 
copy  thereof  to  said  applicant  without  fee  and  without 
charge  for  time  of  search ;  and  the  state  commissioner 
of  health  shall  immediately  require  the  physician,  or 
midwife,  who,  being  in  attendance  upon  a  birth  since 
the  date  of  the  taking  effect  of  this  act,  failed  or 
neglected  to  file  a.  certificate  thereof  or  the  undertaker, 
or  other  person  who  having  charge  of  the  interment  or 
removal  of  the  body  of  a  deceased  person  since  the 
date  of  the  taking  effect  of  this  act,  failed  or  neglected 
to  file  the  certificate  of  death,  if  he  or  she  be  living, 
to  obtain  and  file  at  once  with  the  local  registrar 
such  certificate  in  as  complete  form  as  the  lapse  of 
time  will   permit,  together  with   a   fee  of  five  dollars, 


264  The  Public  Health  Law 

which  shall  be  transmitted  to  the  state  commissioner 
of  health  and  accounted  for  as  a  fee  for  certified  copies. 
With  said  certificate  shall  be  filed  the  sworn  statements 
and  affidavits  hereinabove  mentioned.  The  delineuent 
physician,  midwife,  undertaker,  or  other  person  may 
also,  in  the  discretion  of  the  state  commissioner  of 
health  be  prosecuted  as  required  by  this  article,  and 
shall  be  prosecuted  without  bar  from  the  statute  of 
limitations,  if  he  or  she  shall  neglect  or  fail  to  file 
promptly  the  certificate  required  by  this  section  as  a 
substitute  for  the  certificate  not  filed  as  required  by 
this  article,  and  to  pay  the  filing  fee  provided  for  in 
this  section. 

The  state  commissioner  of  health  shall  keep  a  true 
and  correct  account  of  all  fees  by  him  received  under 
this  section,  and  turn  the  same  over  to  the  state 
treasurer. 

§  392.  Penalties.  Any  person,  who  for  himself  or  as 
an  officer,  agent,  or  employee  of  any  other  person,  or 
of  any  corporation  or  partnership,  shall  inter,  cremate* 
or  otherwise  finally  dispose  of  the  dead  body  of  a  human 
being,  or  permit  the  same  to  be  done,  or  shall  remove 
said  body  from  the  primary  registration  district  in 
which  the  death  occurred  or  the  body  was  found,  with- 
out the  authority  of  a  burial  or  removal  permit  issued 
by  the  local  registrar  of  the  district  in  which  the  death 
occurred,  or  in  which  the  body  was  found;  or  shall 
refuse  or  fail  to  furnish  correctly  any  information  in 
his  possession,  or  shall  furnish  false  information  affect- 
ing any  certificate  or  record,  required  by  this  article;  or 
shall  wilfully  alter,  otherwise  than  is  provided  by  this 
article,  or  shall  falsify  any  certificate  of  birth  or  death, 
or  any  record  established  by  this  article;  or  being 
required  by  this  article  to  fill  out  a  certificate  of  death 
and  file  the  same  with  the  local  registrar,  or  deiiver  it, 
upon  request,  to  any  person  charged  with  the  duty  of 
filing  the  same,  shall  fail,  neglect  or  refuse  to  perform 


Vital   Statistics  265 

such  duty  in  the  manner  required  by  this  article;  or 
being  a  registrar,  deputy  registrar,  or  subregistrar,  shall 
fail,  neglect  or  refuse  to  perform  his  duty  as  required 
by  this  article  and  by  the  instructions  and  direction  of 
the  state  commissioner  of  health  thereunder,  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction 
thereof  shall  for  the  first  offense  be  fined  not  less  than 
five  dollars  nor  more  than  fifty  dollars  and  for  each 
subsequent  offense  not  less  than  ten  dollars,  or  more 
than  one  hundred  dollars  or  be  imprisoned  in  the  county 
jail  not  more  than  sixty  days,  or  be  both  fined  and 
imprisoned  in  the  discretion  of  the  court.  Whenever 
any  physician,  midwife,  or  other  person  shall  fail  or 
neglect  to  properly  record  and  file  a  certificate  of  birth 
as  required  by  this  article  such  person  shall  be  liable 
to  a  penalty  of  not  less  than  live  dollars  nor  mere  than 
fifty  dollars  for  the  first  and  second  offenses,  which 
penalty  may  be  recovered  by  an  action  brought  by  the 
state  commissioner  of  health  in  any  court  of  competent 
jurisdiction,  and  for  every  subsequent  offense,  such 
person  shall  be  guilty  of  a  misdemeanor,  punishable 
by  a  fine  of  not  less  than  ten  nor  more  than  one 
hundred  dollars,  or  by  imprisonment  for  not  more  than 
sixty  days,  or  both.  (Anrd  by  L.  1916,  ch.  58,  in 
effect  March  20,  1916.) 

§  393.  Enforcement.  Each  registrar  is  hereby  charged 
with  the  strict  and  thorough  enforcement  of  the  pro- 
visions of  this  article,  in  his  registration  district,  under 
the  supervision  and  direction  of  the  state  commissioner 
of  health.  He  shall  make  an  immediate  report  to  the 
state  commissioner  of  health  of  any  violation  of  any 
provision  of  this  article  coining  to  his  knowledge,  by 
observation  or  upon  complaint  of  any  person,  or  other- 
wise. 

The  state  commissioner  of  health  is  hereby  charged 
with  the  thorough  and  efficient  execution  of  the  pro- 
visions of  this  article  in  every  part  of  the  state,  and  is 


266  The  Public  Health  Law 

hereby  granted  supervisory  power  over  registrars, 
deputy  registrars,  and  subregistrars,  to  the  end  that  all 
of  its  requirements  shall  be  uniformly  complied  with. 
The  state  commissioner  of  health,  either  personally  or 
by  an  accredited  representative,  shall  have  authority 
to  investigate  cases  of  irregularity  or  violation  of  law, 
and  all  registrars  shall  aid  him,  upon  request,  in  such 
investigations.  When  he  shall  deem  it  necessary,  he 
shall  report  cases  of  violation  of  any  of  the  provisions 
of  this  article  to  the  district  attorney  of  the  county, 
with  a  statement  of  the  facts  and  circumstances;  and 
when  any  such  case  is  reported  to  him  by  the  state 
commissioner  of  health,  the  prosecuting  attorney  shall 
forthwith  initiate  and  promptly  follow  up  the  necessary 
court  proceedings  against  the  person  or  corporation 
responsible  for  the  alleged  violation  of  law.  Upon 
request  of  the  state  commissioner  of  health,  the  attor- 
ney-general shall  assist  in  the  enforcement  of  the  pro- 
visions of  this  article.  (Added  by  L.  1913,  ch.  619,  in 
effect  Jan.  1,  1914.) 

§  394.  Exemptions.  Nothing  in  this  article  shall  be 
construed  to  affect,  alter,  or  repeal  laws  now  in  foroe 
applying  to  the  city  of  New  York.  (Added  by  L.  1913, 
ch.  619,  in  effect  Jan.  1,  1914.) 


EXTRACTS 

From  Affiliated  and  Inter-related  Laws  im- 
posing Specific  Duties  upon  the  State  Health 
Department  or  its  Representatives,  or 
bearing  upon  the  Provisions  of  the  Public 
Health  Law. 


EXTRACTS  FROM  AGRICULTURAL  LAW 

(L.    1909,   cli.   9   const,    ch.    1    of   Cons.   Laws) 

§  30.  Definitions.  The  term  "  butter  "  when  used  in 
this  article  means  the  product  of  the  dairy  usually- 
known  by  that  term,  which  is  manufactured  exclusively 
from  pure,  unadulterated  milk  or  cream  or  both  with 
or  without  salt  or  coloring  matter;  and  the  term 
"  cheese,'*  when  used  in  this  article,  means  the  product 
of  the  dairy  usually  known  by  that  term,  which  is 
manufactured  exclusively  from  pure,  unadulterated 
milk  or  cream,  or  both,  and  with  or  without  coloring 
matter,  salt,  rennet,  sage,  olives,  pimentos,  walnuts, 
peanuts,  tomatoes,  celery  salt  or  onions  added  thereto  as 
a  flavor.  And  provided  further,  that  when  manufac- 
tured by  adding  to  the  elemental  product  of  the  dairy, 
usually  known  by  the  term  "  cheese,"  and  manufactured 
exclusively  from  pure  unadulterated  milk  or  cream  or 
both,  any  pimentos,  olives,  walnuts,  peanuts,  celery  salt, 
tomatoes,  or  onions,  that  the  percentage  of  all  such  sub- 
stances so  added  shall  not  exceed  twenty-five  per  centum 
in  bulk  of  the  manufactured  product. 

The  terms  "  oleomargarine,"  "  butterine,"  "  imitation 
of  butter,"  or  "  imitation  cheese  "  shall  be  construed  to 
mean    any    article    or    substance    in    the    semblance    of 

[267] 


268  The  Public  Health  Law 

butter  or  cheese  not  the  usual  product  of  the  dairy  and 
not  made  exclusively  of  pure  or  unadulterated  milk 
or  cream,  or  any  such  article  or  substance  into  which 
any  oil,  lard,  or  fat  not  produced  from  milk  or  cream 
enters  as  a  component  part,  or  into  which  melted  but- 
ter or  butter  in  any  condition  or  state,  or  any  oil  thereof 
has  been  introduced  to  take  the  place  of  cream.  The 
term  '•'  adulterated  milk  "  when  so  used  means : 

1.  Milk  containing  more  than  eighty-eight  and  one- 
half  per  centum  of  water  or  fluids. 

2.  Milk  containing  less  than  eleven  and  one-half  per 
centum   of   milk   sol.ds. 

3.  Milk  containing  less  than  three  per  centum  of 
fats. 

4.  Milk  drawn  from  cows  within  fifteen  days  before 
and  live  days  after  parturition. 

5.  Milk  drawn  from  animals  fed  on  distillery  waste 
or  any  substance  in  a  state  of  fermentation  or  putre- 
faction or  on  any  unhealthy  food. 

6.  Milk  drawn  from  cows  kept  in  a  crowded  or  un- 
healthy condition;  or  milk  produced  or  kept  in  insani- 
tary surroundings  or  in  any  environment  or  under  any 
condition  whatever  that  is  inimical  to  its  healthfulness 
or  wholesomeness. 

7.  Milk  from  which  any  part  of  the  cream  has  been 
removed. 

8.  Milk  which  has  been  diluted  with  water  or  any 
other  fluid,  or  to  which  has  been  added  or  into  which 
has  been  introduced  any  foreign  substance  whatever. 

All  adulterated  milk  shall  be  deemed  unclean,  un- 
healthy, impure  and  unwholesome.  The  terms  '*  pure 
milk"  or  "unadulterated  milk"  when  used  singly  or 
together,  mean  sweet  milk  not  adulterated,  and  the  terms 
"  pure  cream  ''  or  "  unadulterated  cream  "  when  used 
singly  or  together,  mean  cream  taken  from  pure  and  un- 
adulterated milk.  The  term  "  adulterated  cream  "  when 
used    shall    mean    cream    containing   less    than    eighteen 


Extracts  from  Agricultural  Law  269 

per  centum  of  milk  fat  or  cream  to  -which  any  substance 
whatsoever  has  been  added.  (As  amended  by  chapter 
455   of   the  Laws   of    1913.) 

§  31.  Care  and  feed  of  cows,  and  care  and  keeping 
of  the  produce  from  such  cows.  No  person  shall  keep 
cows,  for  the  production  of  milk  for  market  or  for  sale 
or  exchange,  or  for  manufacturing  the  milk  or  cream 
from  the  same  into  any  article  of  food,  in  a  crowded  or 
unhealthy  condition  or  in  unhealthful  or  unsanitary 
surroundings  and  no  person  shall  keep  such  cows  or 
the  product  therefrom  in  such  condition  or  surround- 
ings or  in  such  places  as  shall  cause  or  tend  to  cause 
the  produce  from  such  cows  to  be  in  an  unclean,  un- 
healthful or  diseased  condition,  if  the  produce  from 
from  such  cows  is  to  be  sold,  oli'ered  or  exposed  for  sale 
upon  the  markets  for  consumption  or  to  be  manufac- 
tured into  any  food  product,  nor  shall  such  cows  or 
the  produce  therefrom  be  handled  or  cared  for  by  any 
person  suffering  with  or  affected  by  an  infectious  or 
contagious  disease,  nor  shall  any  such  cows  be  fed  on 
any  substance  that  is  in  a  state  of  putrefaction  or 
fermentation,  or  upon  any  food  that  is  unhealthful  or 
that  produces  or  may  produce  impure,  unhealthful, 
diseased  or  unwholesome  milk.  But  this  section  shall 
not  be  construed  to  prohibit  the  feeding  of  ensilage. 
The  commissioner  of  agriculture  is  hereby  empowered 
to  give  such  instruction  and  impart  such  information 
as  in  his  judgment  may  be  deemed  best  to  produce  a 
full  observance  of  the  provisions  of  this  section.  (As 
amended  by  chapter  216  of  the  Laws  of  1910.) 

§  32.  Prohibiting  the  sale  of  adulterated  milk,  imita- 
tion cream  and  regulating  the  sale  of  certified  milk.  No 
person  shall  sell  or  exchange  or  offer  or  expose  for  sale 
or  exchange,  any  unclean,  impure,  unhealthy,  adulter- 
ated or  unwholesome  milk  or  any  cream  from  the  same, 
or  any  unclean,  impure,  unhealthy,  adulterated,  colored, 
or  unwholesome  cream,  or  sell  or  exchange,  or  offer  or 


270  The  Public  Health  Law 

expose  for  sale  or  exchange,  any  substance  in  imita- 
tion or  semblance  of  cream,  which  is  not  cream,  nor 
shall  he  sell  or  exchange,  or  offer  or  expose  for  sale  or 
exchange  any  such  substance  as  and  for  cream,  or  sell 
or  exchange,  or  offer  or  expose  for  sale  or  exchange 
any  article  of  food  made  from  such  milk  or  cream 
or  manufacture  from  any  such  milk  or  cream  any 
article  of  food.  No  person  shall  sell  or  exchange,  or 
offer  or  expose  for  sale  or  exchange,  as  and  for  cer- 
tified milk,  any  milk  which  does  not  conform  to  the  reg- 
ulations prescribed  by  and  bear  the  certification  of  a 
milk  commission  appointed  by  a  county  medical  society 
organized  under  and  chartered  by  the  medical  society 
of  the  state  of  Xew  York  and  which  has  not  been  pro- 
nounced by  such  authority  to  be  free  from  antiseptics, 
added  preservatives,  and  pathogenic  bacteria  or  bac- 
teria in  excessive  numbers.  All  milk  sold  as  certified 
milk  shall  be  conspicuously  marked  with  the  name  of 
the  commission  certifying  it.  Any  person  delivering 
milk  to  any  butter  or  cheese  factory,  condensary,  milk 
gathering  station  or  railway  station  to  be  shipped  to 
any  city,  town  or  village  shall  be  deemed  to  expose  or 
offer  the  same  for  sale  whether  the  said  milk  is  deliv- 
ered or  consigned  to  himself  or  another.  Each  and 
every  ran  thus  delivered,  shipped  or  consigned,  if  it  be 
not  pure  milk,  must  bear  a  label  or  card  upon  which 
shall  be  stated  the  constituents  or  ingredients  of  the 
contents  of  the  can. 

§  34.  Penalty  for  delivery  of  adulterated  milk.  Any 
person,  firm,  association  or  corporation  delivering  any 
milk  to  any  butter  or  cheese  factory  in  violation  of 
any  of  the  provisions  of  this  chapter  shall  forfeit  and 
pay  to  the  patrons,  firm,  association  or  corporation 
owning  the  milk  delivered  to  such  factory  the  sum  of 
fifty  dollars,  to  be  recovered  in  a  civil  action  by  the 
person,  firm,  association  or  corporation  entitled  thereto. 

§  35-a.  Fat  tests  of  composite  samples  of  milk. 
Corporations,  associations  or   persons  hereafter  buying 


EXTEACTS    FROM    AGRICULTURAL    LAW  271 

milk  from  producers  of  milk  to  be  paid  for  on  the  basis 
of  the  percentage  of  milk  fat  contained  therein  and  for 
that  purpose  taking  samples  therefrom  to  form  a  com- 
posite sample  to  be  tested  periodically  to  determine  its 
value  on  such  basis,  shall,  at  the  request  of  the  pro- 
ducer, take  such  samples  in  duplicate  and  subject  them 
to  the  same  treatment.  At  the  end  of  the  period  for 
which  the  composite  sample  is  being  taken  such  cor- 
poration, association  or  person  shall  tender  same  to  the 
producer  thereof  or  to  his  authorized  agent  and  give 
such  producer,  or  his  said  authorized  agent,  the  choice 
of  one  of  the  two  composite  samples  so  taken.  Such 
producer  is  hereby  permitted  to  send  such  duplicate 
composite  sample  so  received  to  the  head  of  the  depart- 
ment of  dairy  industry  of  the  college  of  agriculture  at 
Cornell  University  within  ten  days  from  the  receipt 
thereof,  properly  marked  for  identification,  and  shall 
accompany  same  with  his  name  and  post-office  address. 
Such  department  head  shall  cause  such  sample  to  be 
tested  for  the  per  centum  of  milk  fat  and  shall  send 
a  report  of  such  test  to  the  producer  from  whom  it  was 
received  within  ten  days,  or  as  soon  thereafter  as  pos- 
sible. All  tests  made  shall  be  by  some  person  licensed 
by  the  commissioner  of  agriculture  to  make  such  tests, 
which  said  license  shall  be  revocable  by  said  commis- 
sioner of  agriculture  upon  evidence  of  incompetency  or 
inaccuracy.  (Am'd  by  L.  1916,  ch.  219,  in  effect  April 
15,  1916.) 

§  36.  Branded  cans,  jars  or  bottles  not  to  be  sold, 
re-marked  or  used  without  consent  of  owner.  No  per- 
son shall  hereafter  without  the  consent  of  the  owner  or 
shipper,  use,  sell,  dispose  of,  buy  or  traffic  in  any  milk 
can,  jar  or  bottle,  or  cream  can,  jar  or  bottle,  belonging 
to  any  dealer  or  shipper  of  milk  or  cream  residing  in 
the  state  of  New  York  or  elsewhere,  who  may  ship 
milk  or  cream  to  any  city,  town  or  place  within  this 
state,  having  the  name  or  initials  of  the  owner,  dealer 


272  The  Public  Health  Law 

or  shipper,  stamped,  marked  or  fastened  on  such  can, 
jar  or  bottle,  or  wilfully  mar,  erase  or  change  by  re- 
marking or  otherwise  said  name  or  initials  of  any  such 
owner,  dealer  or  shipper,  so  stamped,  marked  or  fastened 
upon  said  can,  jar  or  bottle.  Nor  shall  any  person  with- 
out the  consent  of  the  owner  use  such  can,  jar  or 
bottle,  for  any  other  purpose  than  for  milk  or  cream ; 
nor  shall  any  person  without  the  consent  of  the  owner 
place  in  any  such  can,  jar  or  bottle,  any  substance  or 
product  other  than  milk  or  cream. 

36-a.  Any  person  owning  milk  cans,  jars  or  bottles 
upon  which  he  has  placed  or  desires  to  place  any 
designating  mark  may  register  the  said  designating 
mark  with  the  commissioner  of  agriculture,  who  shall 
keep  a  record  thereof,  and  he  may  also  register  with 
the  commissioner  of  agriculture,  from  time  to  time, 
the  number  of  such  cans,  jars  or  bottles  which  he  has 
or  is  to  have,  which  do  or  may  bear  such  designating 
mark.  Such  cans,  jars  or  bottles  shall,  after  being 
registered,  be  numbered  consecutively  and  such  con- 
secutive numbers  shall  be  registered  in  the  department 
of  agriculture,  as  above  provided,  with  the  designating 
mark.  If  any  such  can,  jar  or  bottle,  bearing  such 
designating  mark  and  one  of  the  numbers  in  the  serial 
shall  be  found  in  the  possession  of,  and  being  used  by 
any  person  other  than  the  one  so  registering  the  same 
it  shall  be  presumptive  evidence  of  a  violation  of  the 
provisions  of  the  agricultural  law,  unless  such  person 
lias  the  consent  of  the  owner  thereof  to  so  have  and 
use  the  same. 

No  person,  except  the  original  owner  thereof,  or  a 
person  duly  authorized  by  him  so  to  do,  shall  remove, 
deface  or  erase  any  of  the  marks  upon  the  cans,  jars 
or  bottles  herein  provided  for. 

V  hen  the  commissioner  of  agriculture,  or  any  person 
duly  authorized  by  him,  shall  find  any  such  cans,  jars 


Extracts   from   Agricultural  Law  27.*? 

or  bottles,  bearing  the  designating  mark  and  number 
provided  for,  in  the  possession  of  or  be.ng  used  by 
another  person  than  the  owner  thereof,  he  may  seize 
the  same,  and  if  evidence  is  not  produced  in  three  days 
showing  that  such  person  had  been  given  permission  to 
have  or  use  such  cans,  jays  or  bottles,  then  they  shall 
be  delivered  by  the  commissioner  of  agriculture,  or 
his  agents,  to  the  person  from  whom  taken,  otherwise 
the  commissioner  of  agriculture  shall  notify  the  owner 
of  such  cans,  jars  or  bottles  that  he  has  the  same  and 
upon  application  deliver  the  same  to  such  owner. 
(Added  by  L.  1916,  ch.  216,  in  effect  April  15,  1916.) 

§  37.  Regulations  in  regard  to  evaporated  or  con- 
densed milk.  No  evaporated  or  condensed  milk  shall 
be  made  or  offered  or  exposed  for  sale  or  exchange 
unless  manufactured  from  pure,  clean,  healthy,  fresh, 
unadulterated  and  wholesome  milk  from  which  the 
cream  has  not  been  removed  either  wholly  or  in  part, 
or  unless  the  proportion  of  milk  solids  shall  be  in  quan- 
tity the  equivalent  of  eleven  and  one-half  per  centum 
of  milk  solids  in  crude  milk,  and  of  which  solids  twenty- 
five  per  centum  shall  be  fats.  No  person  shall  manu- 
facture, sell  or  offer  for  sale  or  exchange  in  hermeti- 
cally sealed  cans,  any  condensed  milk  unless  put  up  in 
packages  upon  which  shall  be  distinctly  labeled  or 
stamped  the  name  of  the  person  or  corporation  by 
whom  made  and  the  brand  by  which  or  under  which  it 
is  made.  When  evaporated  or  condensed  milk  shall  be 
sold  from  cans  or  packages  not  hermetically  sealed, 
the  producer  shall  brand  or  label  the  original  cans  or 
packages  with  the  name  of  the  manufacturer  of  the 
milk  contained  therein ;  provided,  however,  that  un- 
sweetened evaporated  or  condensed  milk,  sold  or  offered 
for  sale  in  containers  not  hermetically  sealed,  shall  con- 
tain at  least  ten  per  centum  of  milk  fats.  (Am'd  by 
L.  1916,  ch.  144,  in  effect  April  6,  1916.) 


274  The  Public  Health  Law 

§  45.  Unclean  receptacles  and  places  for  *keping 
milk;  notice  to  violators  of  provisions.  No  person,  firm, 
association  or  corporation,  producing,  buying  or  receiv- 
ing milk  for  the  purpose  of  selling  the  same  for  con- 
sumption as  such,  or  for  manufacturing  the  same  into 
butter,  cheese,  condensed  milk,  or  other  human  food, 
shall  keep  the  same  in  utensils,  cans,  vessels,  rooms, 
or  buildings  that  are  unclean  or  have  unsanitary  sur- 
roundings or  drainage  or  in  any  condition  whatsoever 
that  would  tend  to  produce  or  promote  conditions  fav- 
orable to  unhealthfulness  or  disease.  The  commissioner 
of  agriculture  shall  notify  all  persons,  firms,  associa- 
tions or  corporations,  violating  this  section,  to  clean 
said  utensils,  cans,  vessels,  rooms  or  buildings,  or  to 
so  improve  the  sanitary  conditions  that  the  law  will 
not  be  violated,  and  if  such  notice  is  complied  with  in 
ten  days'  time,  Sundays  excepted,  then  no  action  shall 
lie  for  a  violation  of  this  section.  Any  person  having 
charge  of  any  milk  gathering  station  where  milk  is 
received  from  the  dairymen  for  the  purpose  of  selling 
the  same  for  consumption  or  shipping  the  same  to  mar- 
ket for  consumption  as  human  food  before  taking  such 
charge  or  operating  or  working  as  such  agent  or  person 
in  charge  shall  apply  to  the  commissioner  of  agricul- 
ture for  a  license  to  so  work  or  operate  or  have  charge, 
and  shall  at  the  time  of  making  such  application,  file 
with  the  commissioner  a  statement  under  oath,  setting 
forth  the  fact  that  he  will  not  while  having  charge  of 
or  operating  any  such  milk  gathering  establishment 
or  while  employed  therein  adulterate  or  suffer  or  permit 
the  adulteration  of  any  such  milk  or  any  product  there- 
of during  the  term  for  which  he  may  be  licensed.  After 
the  applicant  shall  have  complied  with  the  foregoing 
provisions  of  this  section,  the  commissioner  of  agricul- 
ture upon  being  satisfied  that  the  applicant  is  a  persoi) 

*  So  in   original. 


Extracts  from  Agricultural  Law  275 

of  good  moral  character  and  a  qualified  and  proper  per- 
son to  so  have  charge  of  or  operate  any  such  milk 
gathering  station  or  establishment  shall  issue  to  said 
applicant  a  license,  which  shall  qualify  him  to  have 
charge  of  any  such  milk  gathering  station  or  estab- 
lishment for  the  period  of  two  years  from  the  date 
of  such  license;  provided,  however,  that  where  milk  is 
to  be  bought  from  the  dairymen  at  any  such  milk 
gathering  station  by  the  proprietor,  person  in  charge 
or  any  agent  of  the  proprietor  of  such  station,  such 
license  shall  be  only  for  a  period  of  one  year,  as  pro- 
vided in  sections  fifty-five  to  sixty-four,  inclusive,  of 
this  article,  and  the  matter  required  to  be  set  forth  in 
the  application  for  a  license  under  the  provisions  of  this 
section  shall  be  set  forth  in  the  application  provided  for 
in  sections  fifty-five  to  sixty- four  in  addition  to  the 
matters  therein  required.  The  person  regularly  doing 
the  work  of  receiving,  caring  for  and  shipping  the  milk 
at  any  station  or  establishment,  or  in  case  more  than 
one  person  is  so  employed  then  the  foreman  in  charge 
of  such  works  shall  be  deemed  to  be  a  person  in  charge 
of  such  station  or  establishment  within  the  meaning 
and  purposes  of  this  section.  Such  license  certificate 
shall  be  kept  at  such  station  or  establishment  where 
the  license  is  so  employed  and  shall  be  open  to  the 
inspection  of  the  representatives  of  the  department  of 
agriculture  and  the  public.  Any  person  having  charge 
of  any  milk  gathering  station  or  establishment  as  afore- 
said shall  keep  a  true  and  correct  monthly  record  of 
the  receipts  of  milk  or  other  dairy  products  received 
at  such  station  or  establishment,  and  also  a  true  and 
correct  monthly  record  of  all  sales  or  shipments  of 
milk,  cream  or  other  dairy  products  shipped  or  sold 
from  such  station  or  establishment,  and  shall  also  keep 
a  true  and  correct  monthly  record  of  the  amount  of 
skim  milk  produced  in  such  station  or  establishment 
and  of  the  disposition  of  said  skim  milk.  Such  record 
shall  be  preserved  at  such  station  or  establishment  for 


276  The  Public  Health  Law 

at  least  two  years  after  the  same  shall  have  been  made 
and  such  records  shall  at  all  times  be  open  to  the  in- 
spection of  the  commissioner  of  agriculture,  his  assis- 
tants or  agents.  When  cream  is  sold  or  shipped  from 
any  such  station  or  establishment  so  selling  or  ship- 
ping milk  for  consumption  as  aforesaid,  each  original 
bottle  or  package  of  one  quart  or  less  of  cream  so 
shipped  or  sold  shall  bear  a  label  securely  attached  to 
the  side  of  such  bottle  or  package  on  which  shall  be 
conspicuously  printed  the  word  "  cream  "  in  black  letters 
of  at  least  one-fourth  of  an  inch  in  length  or  else  the 
word  "  cream  "  shall  be  blown  in  the  side  of  such  bottle 
in  plain  raised  letters  of  at  least  one-half  an  inch  in 
length,  and  the  top  and  side  of  each  and  every  other 
original  package  or  can  containing  cream  or  original 
crate  or  case  containing  bottles  of  cream  so  shipped  or 
sold  shall  bear  a  label  securely  attached  on  which  shall 
be  conspicuously  printed  the  word  "  cream  "  in  black 
letters  of  at  least  one  inch  in  length  and  also  a  plainly 
written  or  printed  statement  on  the  label  stating  from 
whom  and  what  station  the  same  is  shipped  and  the 
name  of  the  consignee  and  point  of  destination  and 
the  date  on  which  the  cream  therein  was  produced  by 
such  separation  or  skimming.  The  shipment  of  eacli 
and  every  such  original  package  of  cream  so  shipped 
and  not  so  labeled  as  herein  required  shall  constitute 
a  separate  violation.  When  cream  is  so  separated  or 
skimmed  from  milk  at  any  such  station  or  establish- 
ment and  the  supply  of  milk  on  hand  thereat  at  the 
time  of  the  next  regular  daily  shipment  of  milk  there- 
from, consisting  of  the  total  amount  of  milk  in  such 
shipment,  together  with  that  remaining  on  hand  im- 
mediately after  such  shipment,  is  not  thereby  decreased 
or  correspondingly  less  than  the  total  quantity  received 
during  any  period  extending  from  some  point  of  time 
before  such  skimming  was  done  until  the  time  of  such 
shipment,   together   witli    the   amount   of  milk  on  hand 


Extracts   from  Agricultural  Law  277 

at  the  commencement  of  such  period,  and  such  decrease 
is  not  equal  in  amount  to  the  quantity  of  milk  that 
must  have  been  used  in  so  separating  such  cream  in 
add  t:on  to  the  quantity  otherwise  there  used  or  dis- 
posed of  during  such  period,  such  fact  is  conclusive  that 
skim  milk  or  other  foreign  substance  was  added  to  such 
milk  supply  within  such  period  and  shall  be  presump- 
tive evidence  within  the  meaning  of  this  section  that 
the  same  was  added  to  each  can  or  vessel  of  milk  in 
such  shipment.  When  cream  or  skim  milk  is  found  to 
have  been  on  the  premises  of  any  such  station  or 
establishment  or  is  sold  cr  shipped  therefrom,  such 
cream  or  skim  milk  so  found  or  so  sold  or  shipped  there- 
from shall  be  presumed  to  have  been  produced  by  sepa- 
rating or  skimming  at  such  station  or  establishment. 
In  any  action  or  proceeding  relative  to  the  adulteration 
of  milk  by  removing  cream  therefrom  or  adding  skim 
milk  or  other  foreign  substance  thereto,  it  shall  be 
presumed  that  when  cream  has  been  produced  by  so 
skimming  or  separating  or  butter  has  been  manufac- 
tured, there  was  made  at  least  five  quarts  of  milk  in 
the  production  of  each  quart  of  cream  so  produced  and 
there  was  necessarily  so  produced  thereby  at  least  four 
quarts  of  skim  milk  to  each  quart  of  cream  so  pro- 
duced, and  that  there  was  used  at  least  nine  quarts  of 
milk  in  the  production  of  each  pound  of  butter  so  man- 
ufactured. If  any  such  person  so  duly  licensed  shall 
thereafter  refuse  or  neglect  to  keep  and  preserve  full 
and  complete  records  as  herein- required  or  shall  refuse 
to  exhibit  such  records  to  the  commissioner  of  agricul- 
ture, his  assistants  or  agent 3  or  shall  violate  any  of  the 
provisions  of  this  section  or  any  of  the  provisions  of 
this  chapter  relative  to  milk  or  the  products  thereof 
he  shall  forfeit  his  license  and  shall  be  disqualified  for 
a  period  of  five  years  from  being  again  licensed  by  the 
commissioner  of  agriculture.  (As  amended  by  chapter 
408   of  the  Laws  of   1913.) 


278  The  Public  Health  Law 

46.  Unsanitary  cans  and  receptacles  condemned.  All 
cans  or  receptacles  used  in  the  sale  of  milk,  cream  or 
curd  for  consumption,  or  in  transporting  or  shipping 
the  same  to  market  or  the  delivery  thereof  to  pur- 
chasers for  consumption  as  human  food,  when  found 
by  the  commissioner  of  agriculture  or  his  assistants 
or  agents  to  be  in  unfit  condition  to  be  so  used  by  rea- 
son of  being  worn  out,  badly  rusted,  or  with  rusted 
inside  surface,  or  unclean  or  unsanitary  or  in  such 
condition  that  they  can  not  be  rendered  clean  and  sani- 
tary by  washing,  and  will  tend  to  produce  or  promote 
in  milk,  cream  or  curd  when  contained  therein,  bad 
flavors,  unclean  or  unwholesome  conditions  favorable 
to  unhealthfulness  or  disease,  shall  be  condemned  by 
the  commissioner  of  agriculture  or  his  assistants  or 
agents.  Every  such  can  or  receptacle  when  so  condemned 
shall  be  marked  by  a  stamp,  impression  or  device, 
designed  by  the  commissioner  of  agriculture,  showing 
that  it  has  been  so  condemned,  and  when  so  condemned 
shall  not  thereafter  be  used  by  any  person  for  the  pur- 
pose of  so  selling,  transporting  or  shipping  milk,  cream 
or  curd. 

§  47.  Receptacles  to  be  cleansed  before  returning; 
receptacles  may  be  seized;  evidence;  violation;  milk  can 
inspectors.  Whenever  any  can  or  receptacle  is  used 
for  transporting  or  conveying  milk,  cream  or  curd  to 
market  for  the  purpose  of  selling  or  furnishing  the 
same  for  consumption  as  human  food,  which  can  or 
receptacle,  when  emptied,  is  returned  or  intended  to 
be  returned  to  the  person  so  selling,  furnishing  or  ship- 
ping such  substance  to  be  again  thus  used,  or  which 
is  liable  to  continued  use  in  so  transporting,  conveying 
selling  or  shipping  such  substance  as  aforesaid,  the  con- 
sumer, dealer  or  consignee  using,  selling  or  receiving  the 
milk,  cream  or  curd  from  such  can  or  receptacle,  shall, 
before  so  returning  such  can  or  receptacle  remove  all 
substances  foreign  to  milk  therefrom,  by  rinsing  with 


Extracts   from   Agricultural  Law  279 

water  or  otherwise.  When  any  such  milk,  cream  or 
curd  is  sold  within  any  city  of  this  state  or  shipped 
into  any  such  city,  the  fact  of  such  shipment  or  sale  shall 
be  prima  facie  evidence  that  the  same  was  so  shipped 
or  sold  for  consumption  as  human  food.  When  any 
such  can  or  receptacle  is  returned  or  delivered  or 
shipped  to  any  person  or  creamery  so  selling  such  sub- 
stance within,  or  shipping  the  same  into  such  city,  it 
is  deemed  that  such  can  or  receptacle  is  liable  to  such 
continued  use  in  so  selling  or  shipping  such  substance 
therein  for  consumption  as  human  food  within  the 
meaning  and  purposes  of  this  section  and  section  forty- 
six.  No  person  shall  place  or  suffer  to  be  placed  in  any 
such  can  or  receptacle  any  sweepings,  refuse,  dirt,  litter, 
garbage,  filth  or  any  other  animal  or  vegetable  sub- 
stance, nor  shall  any  such  consignee  or  other  person 
through  himself,  his  agent  or  employee,  bring  or  deliver 
to  any  person  or  railroad  or  other  conveyance  any  such 
can  or  recep.tacle  for  the  purpose  of  such  return,  or 
any  milk,  cream  or  curd  can  or  receptacle  for  the  pur- 
pose of  delivery  or  shipment  to  any  person  or  cream- 
ery engaged  in  so  selling  or  shipping  such  substances 
for  consumption  as  human  food,  which  can  or  recep- 
tacle contains  such  foreign  substance  or  which  has  not 
been  rinsed  as  herein  provided.  The  word  "  curd  "  as 
used  in  this  section  and  section  forty-six  applies  to 
the  substance  otherwise  known  as  "  pot  cheese "  or 
"  cottage  cheese.''  Whenever  any  such  can  or  receptacle 
is  used,  returned,  delivered  or  shipped  in  violation  of 
this  section,  or  of  section  forty-six  of  this  chapter, 
every  such  use,  return,  delivery  or  shipment  of  each 
such  can  or  receptacle  shall  be  deemed  a  separate 
violation  thereof.  Such  cans  or  receptacles  so  used, 
returned,  delivered  or  shipped  in  violation  of  this  sec- 
tion or  of  section  forty-six  may  be  seized  by  the  com- 
missioner of  agriculture,  his  assistants  or  agents  and 
held    as    evidence    of    such   violation.      For    the    proper 


280  The  Public  Health  Law 

enforcement  of  this  section  and  section  forty-six,  the 
commissioner  of  agriculture  may  appoint  two  milk 
can  inspectors  to  be  stationed  chiefly  in  the  city  of 
New  York  who  shall  receive  the  usual  compensation  of 
other  agents  of  the  department  of  agriculture.  (As 
amended  by  chapter  608  of  the  Laws  of  1911.) 

§  52.  Penalties.  Every  person  violating  any  of  the 
provisions  of  this  chapter,  shall  forfeit  to  the  people 
of  the  state  of  New  York  the  sum  of  not  less  than 
fifty  dollars  nor  more  than  one  hundred  dollars  for 
the  first  violation  and  not  less  than  one  hundred  dol- 
lars nor  more  than  two  hundred  dollars  for  the  second 
and  each  subsequent  violation.  When  such  violation 
consists  of  the  manufacture  or  production  of  any  pro- 
hibited article,  each  day  during  which  or  any  part  of 
which  such  manufacture  or  production  is  carried  on  or 
continued,  shall  be  deemed  a  separate  violation.  When 
the  violation  consists  of  the  sale,  or  the  offering  or 
exposing  for  sale  or  exchange  of  any  prohibited  article 
or  substance,  the  sale  of  each  one  of  several  packages 
shall  constitute  a  separate  violation,  and  each  day  on 
which  any  such  article  or  substance  is  offered  or  ex- 
posed for  sale  or  exchange  shall  constitute  a  separate 
violation.  When  the  use  of  any  such  article  or  sub- 
stance is  prohibited,  each  day  during  which  or  any  part 
of  which  said  article  or  substance  is  so  used  or  fur- 
nished for  use,  shall  constitute  a  separate  violation,  and 
the  furnishing  of  the  same  for  use  to  each  person  to 
whom  the  same  may  be  furnished  shall  constitute  a 
separate  violation.  Whoever  by  himself  or  another 
violates  any  of  the  provisions  of  articles  three,  four, 
six,  eight  and  nine  or  sections  three  hundred  and  four- 
teen and  three  hundred  fifteen  of  this  chapter  or  of 
sections  one  hundred  six,  one  hundred  seven  and  one 
hundred  right  of  this  chapter  shall  be  guilty  of  a  mis- 
demeanor, and  upon  conviction  shall  be  punished  by  a 
fine  of  not  less  than  fifty  dollars,  nor  more  than  two 


Extracts   from  Agricultural  Law  281 

hundred  dollars,  or  by  imprisonment  of  not  less  than 
one  month  nor  more  than  six  months  or  by  both  such 
fine  and  imprisonment,  for  the  first  offense;  and  by 
six  months  imprisonment  for  the  second. 

*  §  64-a.  Tuberculin,  issuing  certificates  relative  to 
tuberculin  tested  cattle,  branding  of  tuberculous  ani- 
mals. Any  person  using  or  injecting  tuberculin  into 
bovine  animals  for  the  purpose  of  determining  whether 
they  are  affected  with  the  disease  known  as  tuberculosis, 
shall  take  the  temperatures  of  such  animals  before, 
during  and  after  such  injections,  according  to  the  most 
approved  methods,  shall  keep  a  correct  record  of  such 
temperature  so  taken  and  shall  send  a  report  within 
one  week  thereafter  to  the  commissioner  of  agriculture 
giving  a  detailed  account  of  the  tests  thus  made,  in- 
cluding the  description  of  animals,  the  location  of  the 
farm  or  farms  upon  which  tests  were  made  and  the 
name  and  address  of  the  owner  or  custodian,  and  such 
other  information  concerning  the  use  of  tuberculin  as 
may  be  called  for  by  the  commissioner  of  agriculture. 
A  report  of  each  such  test  so  made  shall  be  accom- 
panied by  a  statement  of  the  owner  or  person  in  charge 
giving  the  date  upon  which  the  said  animals  were  last 
tested,  if  at  all,  and  if  known,  with  tuberculin,  and 
the  name  and  address  of  the  person  or  persons  making 
such  test.  If  no  such  test  has  been  made  within  four 
weeks,  or  if  the  animals  were  not  treated  in  any 
manner  for  the  purpose  of  preventing  their  normal 
reaction  to  tuberculin,  then  the  report  shall  be  accom- 
panied by  a  statement  setting  forth  such  facts  and  the 
said  statement  shall  be  duly  verified  by  the  person 
making  such  statement.  No  person  shall  give  a  certifi- 
cate  showing   or   tending   to   show   that   an   animal  has 


*  This  fection  erroneously  numbered  64-a;   apparently  intended  to 
follow  5  95,  which  wii  §  51  of  former  Agricultural  Law. 


282  The  Public  Health  Law 

been  tested  and  found  not  affected  with  tuberculosis, 
unless  the  character  of  such  test  is  stated  and  it  was 
made  in  a  proper  way,  and  unless  such  animals  failed 
to  give  a  typical  reaction.  Any  bovine  animal  in  which 
tuberculosis  is  clearly  diagnosed  by  a  physical  exami- 
nation or  a  tuberculin  test,  or  both,  shall  be  branded 
upon  the  forehead  or  upon  the  right  side  of  the  neck 
from  six  to  ten  inches  back  of  the  jaw  bone  with  a 
capital  "  T  "  not  less  than  two  inches  high,  one  and 
one-half  inches  wide,  with  mark  one-fourth  of  an  inch 
wide;  such  branding  shall  not  be  construed  as  cruelty 
to  animals  within  the  meaning  of  the  penal  law;  how- 
ever, any  animal  which  has  reacted  to  the  tuberculin 
test  and  appears  physically  sound  may  be  retained  for 
breeding  or  dairy  purposes  without  such  branding, 
provided  a  full  description  of  such  animal,  sufficient 
for  its  identification  and  satisfactory  to  the  commis- 
sioner of  agriculture,  is  furnished  to  the  commissioner 
of  agriculture  and  a  permit  from  said  commissioner 
is  issued  for  keeping  such  animal  in  such  manner. 
Such  permit  shall  not  be  issued  except  upon  the  con- 
dition that  the  animal  will  thereafter  be  kept  in  a 
proper  manner  with  regard  to  the  protection  of  the 
public  health  and  the  health  of  other  animals,  and  no 
such  animal  shall  be  sold  or  removed  from  the  prem- 
ises without  written  permission  from  the  commissioner 
of  agriculture,  and  all  such  animals  shall  be  accounted 
for  by  the  owner  or  custodian  whenever  called  by  the 
commissioner  of  agriculture  to  do  so.  All  tuberculin 
sold,  given  away  or  used  within  this  state,  shall  bear 
a  label  stating  the  name  and  address  of  the  person 
or  firm  or  institution  making  it  and  the  date  of  prepa- 
ration. All  persons  selling  or  giving  away  tuberculin 
shall  report  to  the  commissioner  of  agriculture  the 
amount  of  tuberculin  sold  or  given  away,  the  degree  of 
strength,  the  name  and  address  of  the  person  to  whom 
sold  or  given  and  the  date  of  delivery;  said  report  shall 


Extracts  from  Agricultural  Law  283 

include  the  address  of  and  be  signed  by  the  person 
making  it.  Persons  buying  or  procuring  tuberculin 
shall  not  use  or  dispose  of  it  until  assured  in  writing 
by  the  person  from  whom  the  tuberculin  is  received 
that  its  delivery  to  said  person  has  been  reported  to 
the  commissioner  of  agriculture  or  unless  they  have 
themselves  reported  its  receipt  to  the  commissioner  of 
agriculture  with  information  required  to  be  furnished 
by  those  who  distribute  tuberculin,  and  such  persons 
buying  or  procuring  tuberculin  shall  keep  a  correct 
record  of  the  amount  received,  the  amount  used  and 
the  amount  on  hand  and  shall  report  these  facts  when- 
ever any  tuberculin  is  used,  and  if  at  any  time  tuber- 
culin left  on  hand  is  not  deemed  fit  for  use  or  is  not 
to  be  used,  the  said  person  shall  forward  the  same  to 
the  commissioner  of  agriculture  with  a  statement  of 
where  and  when  procured,  the  amount  procured  at  the 
time,  the  amount  of  it  that  was  used,  and  his  name 
and  address.  If  the  amount  forwarded  to  the  com- 
missioner of  agriculture  and  the  amount  used  does  not 
total  the  amount  procured  or  purchased  a  statement  shall 
be  made  as  to  what  became  of  the  remainder.  No 
person  or  persons  shall  treat  any  bovine  animal  with 
any  material  or  substance  nor  in  any  manner  for  the 
purpose  of  preventing  a  normal  reaction  on  the  part 
of  such  animal  to  the  tuberculin  test.  No  person  shall 
knowingly  sell  or  offer  for  sale  any  animal  that  has 
reacted  to  the  tuberculin  test,  without  giving  informa- 
tion of  such  reaction  to  the  purchaser.  No  animal 
that  has  reacted  to  the  tuberculin  test  shall  be  sold 
or  removed  from  the  premises  where  the  test  was  made 
without  permission  in  writing  from  the  commissioner 
of  agriculture.  Any  veterinary  surgeon  violating  any 
of  the  provisions  of  this  section  shall,  in  addition  to 
the  penalties  and  fines  prescribed  in  the  agricultural 
law,    forfeit   his   certificate   to   practice   and   thereafter 


284  The  Public  Health  Law 

be  debarred  from  practicing  his  profession  within  the 
state  of  New  York  until  such  disability  is  legally 
removed.  (As  added  by  chapter  588  of  the  Laws  of 
1909.) 

Local  boards  of  health  must  notify  commissioner  of 
agriculture  of  communicable  diseases  of  domestic 
animals. 

§  90.  Suppression  of  infectious  and  contagious  dis- 
eases. Xo  person  shall  knowingly  bring  any  domestic 
aniinal  into  this  state  which  is  suffering  with  an  infec- 
tious or  contagious  disease.  Any  person  knowingly 
bringing  a  domestic  animal  suffering  with  an  infectious 
or  contagious  disease  into  this  state  shall  be  liable  to 
and  shall  pay  all  damages,  suffered  or  caused  by  the 
spreading  of  such  disease,  to  the  owner  or  owners  of 
animals  to  which  such  disease  is  imparted  by  such  ani- 
mal or  animals  so  brought  in,  as  liquidated  damages  in 
addition  to  the  penalties  to  the  state  of  New  York,  as 
provided  in  section  fifty-two  of  the  agricultural  law; 
provided  that  nothing  herein  contained  shall  be  construed 
to  prevent  or  make  unlawful  the  transportation  of  such 
animals  through  this  state  on  railroads  or  boats.  Any 
person  bringing  into  the  state  such  animals  which  arc 
used  for  breeding,  feeding  or  dairy  purposes  without  tak- 
ing due  precaution  to  ascertain  whether  such  animals  are 
suffering  with  such  a  disease  shall  be  presumed  to  have 
brought  them  in  knowingly  and  in  violation  of  the 
statute.  Under  the  foregoing  provisions  of  this  section, 
uny  animals,  received  from  outside  the  state  and  dis- 
tributed under  the  supervision  of  the  United  States 
department  of  agriculture  or  the  state  department  of 
agriculture  and  for  which  a  permit  or  certificate  has  been 
issued  by  either  of  said  departments,  shall  be  deemed 
fco  have  been  handled  with  due  precaution.  Whenever 
any  infectious  or  contagious  disease  affecting  domestic 
animals  shall  exist,  be  brought  into  or  break  out  in 
this   state   the   commissioner   of    agriculture   shall   take 


Extracts  from  Agricultural  Law  285 

measures  to  promptly  suppress  the  same,  and  to  prevent 
such  disease  from  spreading.  The  local  boards  of  health 
shall  notify  the  commissioner  of  the  existence  of  infec- 
tious or  contagious  disease  affecting  domestic  animals 
in  the  districts  subject  to  their  jurisdiction.  Any  person 
importing  or  bringing  into  this  state  neat  cattle  for 
dairy  or  breeding  purposes  shall  report  immediately 
upon  bringing  such  cattle  into  the  state  to  the  commis- 
sioner of  agriculture  in  writing,  giving  a  statement  of 
the  number  of  cattle  thus  brought  in,  the  place  where 
they  were  procured,  the  lines  over  which  they  were 
brought  and  their  point  of  destination  within  the  state, 
stating  when  they  will  arrive  at  such  point  of  destina- 
tion, and  upon  the  filing  with  the  commissioner  of 
agriculture  at  the  time  of  making  the  said  report,  a 
certificate  issued  by  a  duly  authorized  veterinary  prac- 
titioner, to  the  effect  that  he  has  duly  examined  said 
animals  and  that  said  animals  are  free  from  any  infec- 
tious or  contagious  disease,  the  commissioner  of  agri- 
culture may  issue  a  permit  to  said  person  to  remove 
said  cattle  immediately.  Otherwise,  said  person  shall 
hold  or  detain  such  animals  at  least  ten  days  at  such 
point  of  destination  for  inspection  and  examination,  pro- 
vided they  are  not  sooner  examined  or  inspected,  by  the 
commissioner  of  agriculture  or  his  duly  authorized 
agent.  Each  animal  brought  into  the  state  in  violation 
of  the  above  provisions  shall  constitute  a  separate  and 
distinct  violation  of  this  chapter.  The  provisions  of  this 
section,  relating  to  the  importation  of  neat  cattle  for 
dairy  or  breeding  purposes,  shall  not  apply  to  cattle 
imported  into  this  state  at  a  point  where  there  is  federal 
inspection,  so  far  a3  the  same  shall  relate  to  making 
advance  reports  to  the  commissioner  of  agriculture.  But 
parties  importing  or  receiving  such  cattle  at  such  places 
shall  give  such  information  to  the  commissioner  of 
agriculture  a3  he  may  from  time  to  time  request  relative 
to  such  cattle   so  imported   or  brought  in.      (Am'd  by 


2  SO  Ttie  Public  Health  Law 

L.  1909.  ch.  240,  and  L.  1909.  ch.  312,  in  effect  May  8, 
1900.) 

8  !»4.  Care  of  diseased  animals;  experiments.  If 
after  examination  an  animal  is,  in  the  judgment  of  the 
person  making  the  examination,  suffering  from  tuber- 
culosis, such  animal  shall  be  slaughtered  under  the 
provisions  of  this  article,  or.  if  the  commissioner  deems 
that  a  due  regard  for  the  public  health  warrants  it, 
he  mar  enter  into  a  Avritten  agreement  with  the  owner, 
subject  to  such  conditions  as  the  commissioner  of  agri- 
culture may  prescribe,  for  the  separation  and  quaran- 
tine of  such  diseased  animal  or  animals.  Subject  to 
the  regulation  of  the  department  of  agriculture,  such 
diseased  animal  or  animals  may  continue  to  be  used 
for  breeding  purposes  and  itr.  or  their  milk,  after 
pasteurization  at  one  hundred  and  eighty-five  degrees 
Fahrenheit,  may  be  used  for  the  manufacture  of  butter 
or  cheese  or  for  sale.  The  young  of  any  such  diseased 
animal  or  animals  shall,  immediately  after  birth,  be 
separated  from  their  mothers,  but  may  be  fed  the  milk 
drawn  from  such  affected  animal  or  animals  so  sepa- 
rated and  quarantined  after  such  milk  has  been  pas- 
teurized as  herein  provided.  The  owner  of  a  herd  of 
cattle,  within  the  state,  may  apply  to  the  commissioner 
of  agriculture  for  examination  of  his  herd  by  the  tuber- 
culin test:  said  application  to  be  in  writing  upon  a 
blank  form  provided  by  the  commissioner  of  agriculture 
and  to  include  an  agreement  on  the  part  of  the  owner 
or  owners  of  the  herd  to  improve  faulty  sanitary  con- 
ditions; to  disinfect  his  premises,  should  diseased  cattle 
be  found,  and  to  follow  instructions  of  the  commis- 
sioner of  agriculture  designed  to  prevent  the  reinfec- 
tion of  the  herd  and  to  suppress  the  disease  or  prevent 
the  spread  thereof.  The  commissioner  of  agriculture 
shall,  as  soon  as  practicable,  cause  such  cattle  to  be 
examined  accordingly,  subject  to  the  provisions  of  this 


Extracts   from:   Agricultural   Law  287 

hapter.  When  the  commissioner  deems  that  the  con- 
ditions warrant  it  he  may  make  and  issue  to  such 
owner  a  certificate  that  upon  such  examination  such 
herd  was  found  free  from  tuberculosis  or  that  the 
owner  has  complied  with  the  provisions  of  this  section 
by  causing  all  affected;  animals  to  be  separated  from 
the  herd  and  quarantined  as  provided  herein  subject 
to  the  regulations  of  the  department  of  agriculture. 
The  commissioner  of  agriculture  may  determine  the 
place  of  slaughter  of  an  animal  to  be  killed  under  the 
provisions  of  this  chapter.  The  commissioner  may 
experiment  or  cause  such  experiments  to  be  made  or 
performed  as  he  may  deem  necessary  to  ascertain  or 
determine  the  best  methods  or  means  for  the  control, 
suppression  or  eradication  of  communicable  or  infec- 
tious disease  or  diseases  affecting  domestic  animals. 
Xo  person  shall  sell  any  animal  known  to 
have  a  communicable  or  infectious  disease  except  for 
immediate  slaughter  unless  such  sale  be  made  under  a 
written  contract  signed  by  both  parties  specifying  the 
disease  with  which  such  animal  is  infected,  a  copy  of 
which  shall  be  filed  in  the  office  of  the  commissioner 
of  agriculture.  No  person  shall  knowingly  inject  into 
any  bovine  animal  as  and  for  tuberculin  any  substance 
which  is  not  tuberculin. 

§  05.  Employment  of  veterinary  surgeons.  The  com- 
missioner may  employ  such  and  so  many  medical  and 
veterinary  practitioners  and  such  other  persons  as  he 
may,  from  time  to  time,  deem  necessary  to  assist  him 
in  discharging  the  duties  imposed  upon  him  by  this 
article,  and  may  fix  their  compensation,  to  the  amount 
appropriated  therefor.  No  animal  shall  be  destroyed 
by  the  commissioner  or  by  his  order  on  the  ground 
that  it  is  a  diseased  animal,  unless  first  examined  by 
a  veterinary  practitioner  in  the  employ  of  the  commis- 
sioner or  whose  work  is  approved  by  the  commissioner, 
nor  until  such  practitioner  renders  a  certificate  to  the 


288  The  Public  Health  Law 

effect  that  he  has  made  such  examination,  that  in  his 
judgment  such  animal  is  affected  with  a  specified  infec- 
tious or  contagious  disease,  or  that  its  destruction  is 
necessary  in  order  to  suppress  or  aid  in  suppressing 
such  disease,  or  to  prevent  such  disease,  or  to  prevent 
the  spread  thereof,  specifying  the  reasons  for  such 
necessity.     (As  am'd  by  chap.  316  of  the  Laws  of  1909.) 

Regulations  by  state  commissioner  of  agriculture  for  the 
suppression  among  domestic  animals  of  communi- 
cable diseases,  especially  of  rabies. 
§  96.  Regulations,  the  enforcement  thereof  and  ex- 
penses incurred  by  sheriff.  The  commissioner  may  pre- 
scribe such  regulations  as  in  his  judgment  may 
be  thought  suited  for  the  suppression  or  the 
prevention  of  the  spread  of  any  such  disease,  and 
for  the  disinfection  of  all  premises,  buildings,  rail- 
way cars,  vessels,  and  other  objects  from  or  by 
means  of  which  infection  or  contagion  may  take  place 
or  be  conveyed.  He  may  alter  or  modify,  from  time  to 
time,  as  he  may  deem  expedient,  the  terms  of  all  notices, 
orders  and  regulations  issued  or  made  by  him,  and  may 
at  any  time  cancel  or  withdraw  the  same.  He  may  call 
upon  the  sheriff,  under  sheriff  or  deputy  sheriff,  to 
carry  out  and  enforce  the  provisions  of  any  notice,  order 
or  regulation  which  he  may  make,  and  all  such  sheriffs, 
under  sheriffs  and  deputy  sheriffs  shall  obey  and  observe 
all  orders  and  instructions  which  they  may  receive 
from  him  in  the  premises.  In  all  counties,  the  expenses 
incurred  by  the  sheriff,  under  sheriff  or  a  deputy  sheriff 
in  carrying  out  and  enforcing  the  provisions  of  such 
notice,  order  or  regulation  shall  be  a  county  charge, 
to  be  audited  and  paid  in  the  same  manner  as  other 
charges  by  the  sheriff,  under  sheriff  or  deputy  sheriff, 
including  in  this  requirement  any  county  affected 
by  a  local  or  special  act  relating  to  the  sums  payable 
by  the  county  for  compensation  or  disbursements,  or 
both,  to  its  sheriff,  under  sheriff  or  any  deputy  sheriff; 


Extracts  from  Agricultural  Law  2S0 

and  no  such  local  or  special  act  shall  be  effectual  to 
prevent  the  payment  of  the  expenses  herein  made  a 
county  charge  over  and  above  any  other  sum  or  sums, 
fixed  or  otherwise,  provided  in  such  act  to  be  paid  by 
the  county  to  the  sheriff,  under  sheriff  or  deputy  sheriffs 
for  compensation  or  to  cover  expenses,  or  both,  and  not- 
withstanding any  provision  of  any  such  act  relieving 
the  county  from  charges  imposed  by  law  which  are 
incurred  by  its  sheriff,  under  sheriff  or  a  deputy  sheriff. 
If  the  commissioner  shall  lay  a  quarantine  upon  a  city 
or  any  portion  thereof  he  may  call  upon  the  commis- 
sioner of  public  safety  and  the  police  department  of  said 
city  to  enforce  the  provisions  of  any  notice,  order  or 
regulation  which  he  may  make  within  the  quarantine 
district  or  such  portion  thereof  as  lies  within  the  city 
limits,  and  the  commissioner  of  public  safety  and  the 
police  department  shall  obey  and  observe  all  such  orders 
and  instructions  so  made  or  issued,  and  all  expenses 
incurred  by  the  commissioner  of  public  safety  and  the 
police  department  in  enforcing  the  quarantine  as  herein 
provided  shall  be  a  city  charge.  If  the  commissioner 
shall  quarantine  any  particular  district  or  territory  for 
the  purpose  of  stopping  or  preventing  the  spread  of  the 
disease  known  as  rabies,  and  if  any  dog  be  found  within 
the  said  quarantine  district  in  violation  of  said  quaran- 
tine or  regulation,  any  person  may  catch  or  cause  to  be 
caught  such  dog  and  have  him  impounded  or  confined. 
If  the  said  dog  is  thereafter  not  found  to  be  affected 
with  the  disease  known  as  rabies,  it  may  be  released  to 
the  owner  upon  payment  of  a  penal  sum  of  ten  dollars 
to  the  commissioner  of  agriculture,  who  shall  upon 
receipt  and  acceptance  of  the  same  issue  to  the  said 
owner  a  release  which  shall  entitle  the  said  owner  to 
the  possession  of  said  dog.  If  such  penalty  is  not  paid 
within  three  days  after  said  dog  is  impounded,  or  if  it 
is  found  impracticable  after  reasonable  effort  to  catch 

10 


290  The  Public  Health  Law 

and  impound  such  dog  within  the  said  quarantine  dis- 
trict in  violation  of  said  quarantine  or  regulation,  or 
to  find  the  owner  of  a  dog  so  impounded,  then  any  per- 
son may  kill  or  cause  to  be  killed  such  dog  and  shall  not 
be  held  liable  for  damages  for  such  killing.  For  the 
purpose  of  enforcing  the  provisions  of  this  article  the 
commissioner  of  agriculture,  his  appointees  and  em- 
ployees shall  be  considered  as  peace  officers  and  shall 
have  all  the  rights  and  powers  of  peace  officers.  (Am'd 
by  L.  1909,  chap.  352;  L.  1910,  chap.  437,  and  L.  1911, 
chap.  255,  in  effect  June  6,  1911.) 

^  i)7.  Fines  and  penalties.  Any  person  violating,  dis- 
obeying or  disregarding  the  term  of  any  notice, 
order  or  regulation  issued  or  prescribed  by  the 
commissioner  under  this  article  shall  forfeit  to  the 
people  of  the  state  the  sum  of  not  less  than  fifty 
dollars  nor  more  than  one  hundred  dollars  for  every 
such  violation.  Any  person  violating,  disobeying  or 
disregarding  the  terms  of  any  notice,  order  or  regu- 
lation issued  or  prescribed  by  the  commissioner  under 
tins  article  shall  be  guilty  of  a  misdemeanor  and  shall 
be  fined  not  less  than  fifty  dollars  nor  more  than  one 
hundred  dollars  for  each  separate  offense  or  by  imprison- 
ment of  not  less  than  one  month  nor  more  than  six 
months,  or  by  both  such  fine  and  imprisonment,  except 
that  in  the  case  of  rabies  he  shall  be  fined  not  less  than 
ten  dollars  nor  more  than  one  hundred  dollars  for  each 
offense  or  by  imprisonment  of  not  less  than  one  month 
*not  more  than  six  months,  or  by  both  such  fine  and 
imprisonment.  (Am'd  by  L.  1909,  chap.  352;  in  effect 
A  [ay  15,  1909.) 

§  98.  Bureau  of  veterinary  service;  chief  veteri- 
narian;  appraisers.     There  is  hereby  established  in  the 

*  So    in    original. 


Extracts  from  Agricultural  Law  291 

department  of  agriculture  a  bureau  of  veterinary  serv- 
ice. The  bureau  shall  be  in  charge  of  a  chief  veteri- 
narian, who  shall  be  an  experienced  veterinarian  ap- 
pointed by  the  commissioner  of  agriculture.  He  shall 
receive  an  annual  salary  of  three  thousand  dollars  and 
all  necessary  traveling  and  other  expenses  incurred  in 
the  performance  of  his  duties.  Such  chief  veterinarian 
or  other  veterinarians  employed  by  the  commissioner 
shall  have  all  the  powers  of  an  appraiser  of  condemned 
animals  under  this  article.  The  chief  veterinarian 
shall,  under  the  direction  of  the  commissioner  of  agri- 
culture, have  general  charge  of  the  enforcement  of  the 
provisions  of  this  article,  and  shall  collect  and  dissemi- 
nate through  farmers'  institutes  or  otherwise,  as  the 
commissioner  may  direct,  information  and  statistics  in 
relation  to  the  diseases  of  domestic  animals,  the  proper 
care  and  sanitation  of  stables  and  other  buildings  used 
for  the  stabling  of  farm  animals  for  the  purpose  of 
preventing  the  existence  and  spread  of  infectious  and 
contagious  diseases,  the  methods  of  feeding,  the  methods 
of  improving  the  breed  or  milking  qualities  of  cattle, 
and  such  other  matters  as  the  commissioner  may  direct. 
All  veterinarians  in  the  state  shall  immediately  report 
to  the  commissioner  of  agriculture  the  existence  among 
animals  of  any  hifectious  or  communicable  disease 
eoming  to  their  knowledge.  The  report  shall  be  made 
in  writing  and  shall  include  a  description  of  the  dis- 
eased animal  or  animals,  the  name  and  address  of  the 
owner  or  person  in  charge  of  the  animal,  if  known,  and 
a  statement  as  to  the  location  of  the  animal.  No  per- 
son shall  conceal  or  attempt  to  conceal  any  animal  suf- 
fering from  an  infectious  or  communicable  disease  so 
that  the  same  shall  not  come  to  the  knowledge  of  the 
commissioner  of  agriculture.  The  commissioner  of 
agriculture  may  appoint  and  at  pleasure  remove  two 
confidential  agents  at  salaries  not  to  exceed  eighteen 
hundred  dollars,   to   be   fixed   by   the   commissioner,   to 


29£  Thb  Public  Health  Law 

assist  m  carrying  out  the  provisions  of  this  article. 
He  may  appoint  and  at  pleasure  remove  one  state  ap- 
praiser of  condemned  animals,  who  shall  be  a  person  of 
experience  and  well  acquainted  with  the  value  of  farm 
animals;  and  shall  receive  an  annual  salary  of  fifteen 
hundred  dollars,  and  all  necessary  traveling  and  other 
expenses  incurred  in  the  performance  of  his  duties. 
The  commissioner  of  agriculture  may  employ  from  time 
to  time  such  additional  appraisers  of  condemned 
animals  as  the  work  of  his  department  may  necessitate, 
who  shall  receive  compensation  at  the  rate  of  five 
dollars  per  diem  and  all  traveling  and  other  expenses 
necessarily  incurred  while  engaged  in  the  performance 
of  their  duties. 

§  99.  Appraisal  of  diseased  animals.  An  appraiser 
shall  determine  the  value  of  each  animal  directed  to 
be  slaughtered.  Such  value  shall  be  the  market  value 
of  such  animal  at  the  time  of  making  the  appraisement, 
but  the  appraisal  value  of  each  bovine  animal  shall  not 
exceed  the  sum  of  one  hundred  and  twenty-five  dollars, 
provided  however  that  the  appraised  value  shall  not 
exceed  the  sum  of  seventy-five  dollars,  except  for  regis- 
tered thoroughbred  animals,  and  the  appraisal  of  each 
equine  animal  shall  not  exceed  the  sum  of  one  hundred 
and  twenty  dollars.  If  the  value  of  the  condemned 
animals  determined  by  the  appraiser  is  not  satisfactory 
to  the  owner  of  such  animals,  the  value  shall  be  deter- 
mined by  arbitrators,  one  to  be  appointed  by  the  state 
appraiser  and  one  by  the  owner  of  the  animals.  If 
sucb  arbitrators  are  not  able  to  agree  as  to  the  value 
of  the  animals,  a  third  arbitrator  shall  be  appointed 
by  them.  The  value  determined  by  such  arbitrator 
shall  not  exceed  the  limits  established  by  this  article 
and,  after  approval  by  the  commissioner  of  agriculture, 
shall  be  final.  The  arbitrators  selected  by  the  owner 
of  the  animals  shall  be  paid  by  the  said  owner,  the 
other    arbitrator   or    arbitrators   shall    b»   paid    by   the 


EXTEACTS    FROM    AGRICULTURAL    LAW  2D3 

state  at  a  rate  of  compensation  not  to  exceed  five 
dollars  per  day  and  necessary  expenses.  Such  ap- 
praiser of  condemned  animals  and  the  arbitrators  ap- 
pointed under  this  section  may  administer  oaths  to  and 
examine  witnesses.  (As  am'd  by  chap.  314  of  the  Laws 
of  1909  and  by  chap.  670  of  the  Laws  of  1910.) 

§  100.  Certificate  of  appraisal.  The  appraiser  shall 
execute  and  deliver  to  the  owner  of  the  condemned 
animals  a  certificate  verified  by  him  stating  the  ap- 
praised value  of  such  animals;  if  such  value  was 
determined  by  arbitrators,  there  shall  be  attached  to 
such  certificate  a  statement  of  the  value  so  determined, 
signed  and  verified  by  at  least  two  of  the  arbitrators. 
The  form  and  contents  of  such  certificates  shall  be  pre- 
scribed by  the  commissioner  of   agriculture. 

§  101.  Post-mortem  examination  of  animals.  All 
animals  suspected  of  being  tuberculous  or  glandered, 
and  killed  therefor,  shall  be  examined  by  a  medical  or 
veterinary  practitioner  designated  by  the  commissioner 
for  the  purpose  of  determining  whether  or  not  such 
disease  existed  in  such  animals.  There  shall  be  attached 
to  the  certificate  of  appraisal,  a  statement  of  the  result 
of  such  examination,  describing  the  animals  found  to 
be  tuberculous  or  glandered  and  those  which  were  found 
not  to  be  tuberculous  or  glandered.  The  form  of  such 
statement  shall  be  prescribed  by  the  commissioner  of 
agriculture.  Such  statement  shall  be  verified  by  the 
veterinary  or  medical  practitioner  making  the  examina- 
tion.    (As  am'd  by  chap.  314  of  the  Laws  of  1909.) 

§  102.  Compensation  of  owners  of  animals  destroyed. 
The  actual  appraised  value  at  the  time  they  are  killed 
of  all  animals  killed  under  the  provisions  of  this 
article,  which  shall  be  found  upon  a  post-mortem 
examination  not  to  have  had  the  disease  for  which  they 
were  killed,  unless  the  same  were  killed  on  account  of 
the  violation  of  quarantine  regulations,  shall  be  paid  to 
the  owners  of  such  animals.  If  such  animals  ax«  found, 


294  The  Public  Health  Law 

upon  post-mortem  examination,  to  have  been  suffering 
from  glanders  then  they  shall  be  paid  for  in  the  manner 
following:  If  an  animal  has  glanders,  not  manifest  by 
clinical  symptoms,  the  owner  thereof  shall  be.  paid 
eighty  per  centum  of  the  appraised  value.  If  the  ani- 
mal has  glanders  showing  clinical  symptoms,  the  owner 
thereof  shall  be  paid  therefor  fifty  per  centum  of  the 
appraised  value.  If  such  animals  are  found  upon  post- 
mortem examination  to  have  been  suffering  from  tuber- 
culosis, then  they  shall  be  paid  for  in  the  manner  fol- 
lowing, to  wit:  If  an  animal  has  localized  tubercu- 
losis, the  owner  thereof  shall  be  paid  eighty  per  centum 
of  the  appraised  value.  If  the  animal  has  generalized 
tuberculosis,  the  owner  thereof  shall  be  paid  therefor 
fifty  per  centum  of  the  appraised  value,  but  no  ani- 
mal slaughtered  under  the  provisions  of  this  article 
shall  be  paid  for  as  herein  provided,  unless  the  said 
animals  shall  have  been  within  the  state  for  a  period 
of  at  least  six  months  if  suffering  from  tuberculosis 
or  twelve  months  if  suffering  from  glanders.  If  the 
meat  of  the  slaughtered  bovine  animal  shall  be  passed 
for  use  as  food,  under  official  regulations,  the  commis- 
sioner of  agriculture  is  herebj7"  authorized  to  sell  the 
same  and  the  proceeds  from  the  sale  of  the  meat,  hide 
and  other  marketable  parts  of  the  said  animal  shall 
be  paid  into  the  state  treasury.  For  each  and  every 
day  the  owner  or  custodian  of  the  animals  condemned 
is  obliged  to  keep  them,  in  excess  of  seven  days  from 
the  date  of  the  condemnation,  he  shall  be  allowed  and 
paid  the  sum  of  twenty-five  cents  per  day  per  head. 
The  certificate  of  appraisal,  and  the  statement  of  the 
result  of  the  post-mortem  examination,  shall  be  pre- 
sented by  the  owner  or  his  legal  representatives  or 
assigns,  to  the  commissioner  of  agriculture.  The  com- 
missioner of  agriculture  shall  issue  his  order  for  the 
amount  due  as  shown  by  such  certificate  and  state- 
ment, after  he  has  found  them  to  be  correct,  which  shall 


Extracts  from  Agricultural  Law  295 

be  paid  by  the  state  treasurer  on  the  warrant  of  the 
comptroller  out  of  moneys  appropriated  therefor.  No 
compensation  shall  he  made  to  any  person  who  has 
wilfully  concealed  the  existence  of  disease  among  his 
animals  or  upon  his  premises,  or  who  in  any  way  by 
act  or  by  wilful  neglect  has  contributed  to  spread  the 
disease  sought  to  be  suppressed  or  prevented,  nor  for 
,any  animal  which  upon  a  post-mortem  examination  is 
found  to  have  the  disease  on  account  of  which  it  was 
slaughtered  or  any  dangerously  contagious  or  infec- 
tious disease  that  would  warrant  the  destruction  of 
such  animal,  except  as  herein  provided.  (As  amended  by 
chapter  314  of  the  Laws  of  1909.) 

§  104.  Compensation  for  slaughter  of  animals  on 
account  of  foot  and  mouth  disease  or  anthrax.  In  the 
event  of  the  breaking  out  within  the  state  of  foot  and 
mouth  disease  or  anthrax,  the  control,  suppression  or 
eradication  of  which  involves  the  general  condemnation 
and  slaughter  of  cattle,  sheep  or  swine  and  the  disposal 
of  the  carcasses  thereof  by  state  authorities  in  the 
interest  of  public  health  and  welfare,  the  owner  of 
each  such  animal  slaughtered  shall  receive  compensation 
for  each  animal  slaughtered.  The  amount  to  be  paid 
for  each  animal,  pursuant  to  the  provisions  of  this 
section,  shall  be  fixed  by  a  board  of  appraisal,  to  con- 
sist of  the  commissioner  of  agriculture,  or  his  duly 
accredited  representative,  and  a  representative  of  the 
owner,  appointed  by  the  owner.  If  in  any  case  the 
members  of  such  board  fail  to  agree,  thev  shall  choose 
a  third  member  of  such  board,  and  the  findings  of  a 
majority  shall  be  final.  Valuations  in  all  cases  shall 
be  made  on  the  basis  of  the  utility  value  of  the  slaugh- 
tered animals  as  producing  and  breeding  animals.  The 
determination  cf  such  board  as  to  the  amount  to  be 
paid  by  the  state  to  any  owner  for  any  such  animal 
shall  be   final,   and  a   certificate   of   appraisal   shall   be 


206  Tije  Public  Health  Law 

issued  under  the  hands  of  a  majority  of  such  board 
to  the  owner.  Such  certificate  shall  be  verified  by  the 
members  of  the  board  of  appraisal  signing  the  same.  The 
amounts  found  to  be  due  by  an  appraisal  under  this 
section  less  the  amount  paid  or  to  be  paid  by  the 
rational  government  shall  be  paid,  upon  the  audit  and 
warrant  of  the  comptroller,  to  the  owners  entitled  there- 
to, upon  presentation  of  proper  certificates  of  appraisal. 
Awards  not  paid  within  thirty  days  from  making  there- 
of shall  bear  interest  at  the  rate  of  six  per  centum  per 
annum,  unless  moneys  appropriated  therefor  were  avail- 
able within  said  thirty  days.  The  other  provisions  of 
this  article  relating  to  appraisal  and  amount  of  com- 
pensation shall  not  apply  to  the  destruction  of  animals 
under  this  section  where  the  conditions  exist  as  herein 
provided.  (Am'd  by  L.  1916,  ch.  140,  in  effect  April  6, 
1916.) 

EXTRACTS  FROM  CONSERVATION  LAW 

(L.  1911,  ch.  647,  const,  ch.  65  of  Cons.  Laws.) 

Duties  of  state  commissioner  of  health  as  to  sanitary 
inspection  of  shellfish  grounds. 

§  311.  For  the  purpose  of  making  such  inspection,  the 
commission  may  request  the  state  commissioner  of  health 
to  designate  and  assign,  and  it  shall  be  the  duty  of  the 
state  commissioner  of  health,  upon  such  application,  to 
designate  and  assign  one  or  more  sanitary  inspectors 
who  shall,  under  the  direction  of  the  supervisor  of  marine 
fisheries,  visit  such  shellfish  grounds  and  places,  and 
examine  them,  and  the  shellfish  found  thereon  or  therein, 
and  immediately  report  to  said  supervisor  the  result  of 
such  examination.  (Added  by  L.  1012,  ch.  318,  in  effect 
April    li,    1012.) 


BXTRAOT*    FROM    CONSERVATION    LAW  297 

River  improvement,  where  necessary  to  preserve  the  pub- 
lic health. 

§  407.  Any  county,  city,  town  or  village  located  upon 
any  river  or  watercourse,  or  any  person  or  persons  own- 
ing lands  bordering  thereon,  may  present  to  the  commis- 
sion a  petition  duly  verified,  setting  forth  the  facts  show- 
ing that  the  restricted  or  unrestricted  flow  thereof  is  a 
menace  to  the  public  health  and  safety  and  that  it  is 
necessary  to  the  preservation  of  the  public  health  and 
safety  to  regulate  the  same,  and  praying  that  the  flow 
of  water  in  such  river  or  watercourse  shall  be  regulated 
under  the  following  provisions  of  this  article,  so  far  as 
necessary  for  that  purpose.  Such  petition  may  be  made 
en  behalf  of  any  county  by  the  board  of  supervisors 
thereof,  on  behalf  of  any  town  by  the  supervisor  thereof, 
on  behalf  of  any  city  by  the  mayor  or  board  of  aldermen 
thereof,  on  behalf  of  any  village  by  the  president  or 
board  of  trustees  thereof.  (§  451  renumbered  407,  by 
L.   1915,  ch.   662.) 

Sewage  disposal  as  affecting  potable  waters. 

§  525.  The  commission  shall  report  the  present  dis- 
position of  sewage  of  each  municipal  corporation  and 
other  civil  division  of  the  state,  and,  if  necessary,  of 
adjoining  states,  with  special  reference  to  said  disposi- 
tion affecting  the  various  municipal  corporations  and 
other  civil  divisions  of  the  state  in  relation  to  the  water 
supply  of  this  state.  Said  commission  shall  also  report 
the  advisability  of,  the  time  required  for,  and  the  ex- 
penses incident  to  the  construction  of  a  state  system  of 
water  supply  and  for  a  state  system  for  the  disposition 
of  sewage,  if  necessary,  for  all  or  any  of  the  municipal 
corporations  and  other  civil  divisions  of  this  state,  and 
make  such  recommendations  connected  with  the  subjects 
cf  said  investigations  herein  provided  for  as  said  com- 
mission shall  determine.  In  said  investigation  concern- 
ing either  the  water  supply  or  disposition  of  sewage,  said 


298  The  Public  Health  Law 

commission  shall,  so  far  as  possible,  make  use  of  all 
reports  and  surveys  in  regard  thereto  which  have  here- 
tofore been  made.  Wherever,  by  any  provision  of  law, 
the  consent  or  approval  of  any  state  board,  officer  or 
commission  is  required  for  the  construction  of  any 
sewage  system  or  sewage  disposal  works,  the  further 
approval  thereof  by  the  conservation  commission  shall  be 
required. 

EXTRACTS  FROM  COUNTY  LAW 

(L.  1909,  ch.  16,  const,  ch.  11  of  Cons.  Laws.) 

Establishment  of  county  hospital  for  tuberculosis;  state 
commissioner  of  health  to  approve  plans  thereof. 

§  45.  Establishment  of  county  hospital  for  tubercu- 
losis. The  board  of  supervisors  of  any  county  shall 
have  power  by  a  majority  vote  to  establish  a  county 
hospital  for  the  care  and  treatment  of  persons  suffering 
from  the  disease  known  as  tuberculosis;  or  it  may  sub- 
mit the  question  of  establishing  such  a  hospital  to  the 
voters  of  the  county  at  any  general  election,  and  in 
any  county  in  which  town  meetings  at  which  all  the 
voters  of  the  county  may  vote  are  held  in  the  spring  of 
the  year,  the  board  of  supervisors  of  such  a  county  shall 
have  authority  also  to  submit  the  question  of  establish- 
ing such  a  hospital  at  said  town  meetings  to  the  electors 
of  the  county  who  are  qualified  to  vote  at  a  general 
election.  The  board  of  supervisors  shall  fix  the  sum  of 
money  deemed  necessary  for  the  establishment  of  said 
hospital.     The  form  of  the  proposition  submitted  shall 

read  as  follows :      "  Shall   the  county  of    

appropriate  the  sum  of dollars  for  the  estab- 
lishment of  a  tuberculosis  hospital?"  The  election 
notices  shall  state  that  the  proposition  will  be  voted 
upon  and  in  the  form  set  forth  above.  Provision  for 
taking  such  vote  and  for  the  canvassing  and  return- 
ing of  the  result  shall  be  made  by  the  duly  constituted 
election  authorities. 


Extracts  from  County  Law  299 

If  a  majority  of  the  voters  voting  on  such  proposi- 
tion shall  vote  in  favor  thereof  then  such  hospital  shall 
be  established  hereunder  and  the  sum  of  money  named 
in  the  said  proposition  shall  be  deemed  appropriated, 
and  it  shall  be  the  duty  of  the  board  of  supervisors  to 
proceed  forthwith  to  exercise  the  powers  and  authority 
conferred  upon  it  in  this  section. 

When  the  board  of  supervisors  of  any  county  shall 
have  voted  to  establish  such  hospital,  or  when  a  ref- 
erendum on  the  proposition  of  establishing  such  a  hospi- 
tal in  a  county,  as  authorized  above,  shall  have  been 
carried,  the  board  of  supervisors  shall: 

1.  Purchase  or  lease  real  property  therefor,  or 
acquire  such  real  property,  and  easements  therein,  by 
condemnation  proceedings,  in  the  manner  prescribed 
by  the  condemnation  law,  in  any  town,  city  or  village 
in  the  county.  After  the  presentation  of  the  petition 
in  such  proceeding  prescribed  in  section  three  thousand 
three  hundred  and  sixty  of  the  code  of  civil  procedure 
and  the  filing  of  the  notice  of  pendency  of  action  pre- 
scribed in  section  three  thousand  three  hundred  and 
eighty-one  thereof,  said  board  of  supervisors  shall  be 
and  become  seized  of  the  whole  or  such  part  of  the 
real  property  described  in  said  petition  to  be  so  acquired 
for  carrying  into  effect  the  provisions  of  this  act,  as 
such  board  may,  by  resoluton  adopted  at  a  regular  or 
special  session,  determine  to  be  necessary  for  the  im- 
mediate use,  and  such  board  for  and  in  the  name  of 
such  county  may  enter  upon,  occupy  and  use  such  real 
property  so  described  and  required  for  such  purposes. 
Said  resolution  shall  contain  a  description  of  the  real 
property  of  which  possession  is  to  be  taken  and  the 
day  upon  which  possession  will  be  taken.  Said  board 
of  supervisors  shall  cause  a  copy  of  such  resolution 
to  be  filed  in  the  county  clerk's  office  of  the  county  in 
which  such  property  is  situate,  and  notice  of  the  adop- 
tion thereof,  with  a  copy  of  the  resolution  and  of  its 


300  The  Public  Health  Law 

intention  to  take  possession  of  the  premises  therein 
described  on  a  day  certain,  also  therein  named,  to  be 
served,  either  personally  or  by  mail,  upon  the  owner 
or  owners  of,  and  persons  interested  in  such  real  prop- 
erty, at  least  five  days  prior  to  the  day  fixed  in  tsuoh 
resolution  for  taking  possession.  From  the  time  of 
the  service  of  such  notice,  the  entry  upon  and  appropri- 
ation by  the  county  of  the  real  property  therein  de- 
scribed for  the  purposes  provided  for  by  this  act,  shall 
be  deemed  complete,  and  such  notice  so  served  shall 
be  conclusive  evidence  of  such  entry  and  appropriation 
and  of  the  quantity  and  boundaries  of  the  lands  appro- 
priated. The  board  of  supervisors  may  cause  a  dupli- 
cate copy  of  such  papers  so  served,  with  an  affidavit 
of  due  service  thereof  on  such  owner  or  person  inter- 
ested, to  be  recorded  in  the  books  used  for  recording 
deeds  in  the  office  of  the  county  clerk  of  its  county,  and 
the  record  of  such  notice  and  such  proof  of  service 
shall  be  prima  facie  evidence  of  the  due  service  there- 
of. Compensation  for  property  thus  acquired  shall  be 
made  in  such  condemnation  proceeding. 

2.  Erect  all  necessary  buildings  and  alter  any  build- 
ings, on  the  property  when  acquired  for  the  use  of  said 
hospital,  provided  that  the  plans  for  such  erection  or 
alteration  shall  first  be  approved  by  the  state  com- 
missioner of  health.  (Am'd  by  L.  1913,  ch.  379,  in  effect 
April  28,  1913.) 

3.  Cause  to  be  assessed,  levied  and  collected  such 
sums  of  money  as  it  shall  deem  necessary  for  suitable 
lands,  buildings  and  improvements  for  said  hospital, 
and  for  the  maintenance  thereof,  and  for  all  other 
necessary  expenditures  therefor;  and  to  borrow  money 
for  the  erection  of  such  hospital  and  for  the  purchase 
of  a  site  therefor  on  the  credit  of  the  county,  and  issue 
county  obligations  therefor,  in  such  manner  as  it  may 
do  for  other  county  purpose*. 


Extracts  feom  County  Law  301 

4.  Appoint  a  board  of  managers  for  said  hospital  as 
hereinafter  provided. 

5.  Accept  and  hold  in  trust  for  the  county,  any 
grant  or  devise  of  land,  or  any  gift  or  bequest  of 
money  or  other  personal  property,  or  any  donation  to 
be  applied,  principal  or  income,  or  both,  for  the  benefit 
of  said  hospital,  and  apply  the  same  in  accordance 
with  the  terms  of  the  gift. 

6.  Whenever  it  shall  deem  it  in  the  public  interest 
so  to  do,  and  notwithstanding  the  provisions  of  any 
other  general  or  special  act,  change  the  location  of 
such  hospital  and  acquire  a  new  site  by  purchase,  lease 
or  condemnation,  as  provided  in  this  section,  and 
establish  the  hospital  thereon.  (Added  by  L.  1915,  oh. 
427,  in  effect  April  28,  1915.) 

(Section  added  by  L.  1909,  ch.  341;  am'd  by  L.  1913, 
chs.  166,  379;  L.  1914,  ch.  323  and  L.  1915,  chs.  132,  427, 
in  effect  April  28,  1915.) 

§  4G.  Appointment  and  terms  of  office  of  managers. 
When  the  board  of  supervisors  shall  have  determined 
to  establish  a  hospital  for  the  care  and  treatment  of 
persons  suffering  from  tuberculosis,  and  shall  have  ac- 
quired a  site  therefor,  and  shall  have  awarded  contracts 
for  the  necessary  buildings  and  improvements  thereon, 
it  shall  appoint  five  citizens  of  the  county,  of  whom 
at  least  two  shall  be  practicing  physicians,  who  shall 
constitute  a  board  of  managers  of  the  said  hospital. 
The  term  of  office  of  each  member  of  said  board  shall 
be  five  years,  and  the  term  of  one  of  such  managers 
shall  expire  annually;  the  first  appointments  shall  be 
made  for  the  respective  terms  of  five,  four,  three,  two 
and  one  years.  Appointments  of  successors  shall  be  for 
the  full  term  of  five  years,  except  that  appointment 
of  persons  to  fill  vacancies  occurring  by  death,  resigna- 
tion  or    other   cause   shall   be   made  for   the   unexpired 


302  The  Public  Health  Law 

term.  Failure  of  any  manager  to  attend  three  con- 
secutive meetings  of '  the  board  shall  cause  a  vacancy 
in  his  office,  unless  said  absence  is  excused  by  formal 
action  of  the  board  of  managers.  The  managers  shall 
receive  no  compensation  for  their  services,  but  shall  be 
allowed  their  actual  and  necessary  traveling  and  other 
expenses,  to  be  audited  and  paid,  in  the  same  manner 
as  the  other  expenses  of  the  hospital  by  the  board  of 
supervisors.  Any  manager  may  at  any  time  be  re- 
moved from  office  by  the  board  of  supervisors  of  the 
county,  for  cause  after  an  opportunity  to  be  heard. 
(Added  by  L.  1909,  ch.  341,  in  effect  May  13,  1909.) 

§  47.  General  powers  and  duties  of  managers.  The 
board  of  managers:  1.  Shall  elect  from  its  members, 
a  president  and  one  or  more  vice-presidents.  It  shall 
appoint  a  superintendent  of  the  hospital  who  shall 
be  also  the  treasurer  and  secretary  of  the  board,  and 
it  may  remove  him  for  cause  stated  in  writing  and 
after  an  opportunity  to  be  heard  thereon  after  due  no- 
tice; and  may  suspend  him  from  duty  pending  the  dis- 
position of  such  charges.  Said  superintendent  shall  not 
be  a  member  of  the  board  of  managers,  and  shall  be  a 
graduate  of  an  incorporated  medical  college,  with  an 
experience  of  at  least  three  years  in  the  actual  practice 
of  his  profession.  (Am'd  by  L.  1915,  ch.  132,  in  effect 
March  29,  1915.) 

2.  Shall  fix  the  salaries  of  the  superintendent  and  all 
other  office  s  and  employees  within  the  limits  of  the 
appropriation  made  therefor  by  the  board  of  super- 
visors, and  such  salaries  shall  be  compensation  in  full 
for  all  services  rendered.  The  board  of  managers  shall 
determine  the  amount  of  time  required  to  be  spent  at 
the  hospital  by  said  superintendent  in  the  discharge  of 
his  duties. 

3.  Shall  have  the  general  superintendence,  manage- 
ment and  control  of  the  said  hospital,  of  the  grounds, 


Extracts  from  County  Law  303 

buildings,  officers  and  employees  thereof;  of  the  inmates 
therein,  and  of  all  matters  relating  to  the  government, 
discipline,  contracts,  and  fiscal  concerns  thereof ;  and 
make  such  rules  and  regulations  as  may  seem  to  them 
necessary  for  carrying  out  the  purposes  of  such  hospital. 

4.  Shall  maintain  an  effective  inspection  of  said  hos- 
pital, and  keep  itself  informed  of  the  affairs  and  man- 
agement thereof;  shall  meet  at  the  hospital  at  least 
once  in  every  month,  and  at  such  other  times  as  may 
be  prescribed  in  the  by-laws;  and  shall  hold  its  annual 
meeting  at  least  three  weeks  prior  to  the  meeting  of 
the  board  of  supervisors  at  which  appropriations  for 
the  ensuing  year  are  to  be  considered. 

5.  Shall  keep  in  a  book  provided  for  that  purpose,  a 
proper  record  of  its  proceedings  which  shall  be  open 
at  all  times  to  the  inspection  of  its  members,  to  the 
members  of  the  board  of  supervisors  of  the  county,  and 
to  duly  authorized  representatives  of  the  state  board 
of  charities. 

6.  Shall  certify  all  bills  and  accounts  including  sal- 
aries and  wages  and  transmit  them  to  the  board  of 
supervisors  of  the  county,  who  shall  provide  for  their 
payment  in  the  same  manner  as  other  charges  against 
the  county  are  paid.  The  board  of  supervisors  of  a 
county  not  having  a  purchasing  agent  or  auditing  com- 
mission may  make  an  appropriation  for  the  maintenance 
of  such  hospital  and  direct  the  county  treasurer  to 
pay  all  bills,  accounts,  salaries  and  wages  which  are 
approved  by  the  board  of  managers,  within  the  amount 
of  such  appropriation,  subject  to  such  regulations  as 
to  the  payment  and  audit  thereof  as  the  board  of  super- 
visors may  deem  proper.  (Am'd  by  L.  1913,  ch.  40,  in 
effect  April  2,   1913.) 

7.  Shall  make  to  the  board  of  supervisors  of  the 
countv  annually,  at  such  time  as  said  supervisors  shall 


3t4  Tub  Public  Health  Law 

direct,  a  detailed  report  of  the  operations  of  the  hos- 
pital during  the  year,  the  number  of  patients  received, 
the  methods  and  results  of  their  treatment,  together 
with  suitable  recommendations  and  such  other  matter 
as  may  be  required  of  them,  and  full  and  detailed  esti- 
mates of  the  appropriations  required  during  the  ensuing 
year  for  all  purposes  including  maintenance,  the  erec- 
tion of  buildings,  repairs,  renewals,  extensions,  im- 
provements, betterments  or  other  necessary  purposes. 

8.  Shall  notwithstanding  any  other  general  or  special 
law  erect  all  additional  buildings  found  necessary  after 
the  hospital  has  been  placed  in  operation  and  make 
all  necessary  improvements  and  repairs  within  the 
limits  of  the  appropriations  made  therefor  by  the  board 
of  supervisors,  provided  that  the  plans  for  such  ad- 
ditional buildings,  improvements  or  repairs  shall  first 
be  approved  by  the  state  commissioner  of  health. 
(Added  by  L.  1913,  ch.  379,  in  effect  April  28,  1913.) 

9.  Shall  have  authority  to  employ  a  county  nurse  or 
nurses  for  the  discovery  of  tuberculosis  cases  and  for 
the  visitation  of  such  cases  and  of  patients  discharged 
from  the  hospital  and  for  such  other  duties  as  may  seem 
appropriate;  and  may  cause  to  be  examined  by  the 
superintendent  or  one  of  his  medical  staff  suspected 
cases  of  tuberculosis  reported  to  it  by  the  county  nurse 
or  nurses  or  by  physicians,  teachers,  employers,  heads 
of  families,  or  others;  and  to  take  such  other  steps  for 
the  care,  treatment,  and  prevention  of  tuberculosis  as 
it  may  from  time  to  time  deem  wise.  (Added  by  L. 
1914.  ch.  323,  in  effect  April  14,  1914.) 

(Section  added  by  L.  1909,  ch.  341,  am'd  by  L.  1913, 
chs.  40,  379;  L.  1914,  ch.  323;  L.  1915,  ch.  132,  in  effect 
March  29,  1915.) 

§  48.  General  powers  and  duties  of  superintendent. 
The  superintendent  shall  be  the  chief  executive  officer 
of    the    hospital    and    subject    to    the    by-laws,    rules 


Extracts  from  County  Law  305 

and  regulations  thereof,  and  to  the  powers  of  the  board 
of  managers: 

1.  Shall  equip  the  hospital  with  all  necessary  fur- 
niture, appliances,  fixtures  and  other  needed  facilities 
for  the  care  and  treatment  of  patients  and  for  the  use 
of  officers  and  employees  thereof,  and  shall  in  counties 
where  there  is  no  purchasing  agent  purchase  all  neces- 
sary supplies. 

2.  Shall  have  general  supervision  and  control  of  the 
records,  accounts,  and  buildings  of  the  hospital  and 
all  internal  affairs,  and  maintain  discipline  therein,  and 
enforce  compliance  with,  and  obedience  to  all  rules, 
by-laws  and  regulations  adopted  by  the  board  of  man- 
agers for  the  government,  discipline  and  management 
of  said  hospital,  and  the  employees  and  inmates  thereof. 
He  shall  make  such  further  rules,  regulations  and  orders 
as  he  may  deem  necessary,  not  inconsistent  with  law, 
or  with  the  rules,  regulations  and  directions  of  the 
board   of  managers. 

3.  Shall  appoint  such  resident  officers  and  such  em- 
ployees as  he  may  think  proper  and  necessary  for  the 
efficient  performance  of  the  business  of  the  hospital, 
and  prescribe  their  duties;  and  for  cause  stated  in 
writing,  after  an  opportunity  to  be  heard,  discharge 
any  such  officer  or  employee  at  his  discretion. 

4.  Shall  cause  proper  accounts  and  records  of  the 
business  and  operations  of  the  hospitals  to  be  kept 
regularly  from  day  to  day,  in  books  and  on  records 
provided  for  that  purpose;  and  see  that  such  accounts 
and  records  are  correctly  made  up  for  the  annual  report 
to  the  board  of  supervisors,  as  required  by  subdivision 
seven  of  section  forty-seven  of  this  chapter,  and  present 
the  same  to  the  board  of  managers,  who  shall  incor- 
porate them  in  their  report  to  the  said  supervisors. 

5.  Shall  receive  into  the  hospital  in  the  order  of 
application  any  person  found  to  be  suffering  from 
tuberculosis  in  any  form  who  is  entitled  to  admission 


306  The  Public  Health  Law 

thereto  under  the  provisions  of  this  chapter,  excepting 
that  if  at  any  time  there  be  more  applications  for  admis- 
sion to  said  hospital  than  there  are  vacant  beds  therein, 
said  superintendent  shall  give  preference  in  the  admis- 
sion of  patients  to  those  who  in  bis  judgment,  after 
an  inquiry  as  to  the  facts  and  circumstances,  are  more 
likely  to  infect  members  of  their  households  and  others, 
in  each  instance  signing  and  placing  among  the  per- 
manent records  of  the  hospital  a  statement  of  the  facts 
and  circumstances  upon  which  he  bases  his  judgment 
as  to  the  likelihood  of  transmitting  infection,  and 
reporting  each  instance  at  the  next  meeting  of  the 
board  of  managers;  and  shall  also  receive  persons  from 
other  counties  as  hereinafter  provided.  Said  superin- 
tendent shall  cause  to  be  kept  proper  accounts  and 
records  of  the  admission  of  all  patients,  their  name, 
age,  sex,  color,  marital  condition,  residence,  occupation 
and  place  of  last  employment.  (Added  by  L.  1909,  ch. 
341;  am'd  by  1912,  chs.  149,  239;  L.  1913,  ch.  379,  and 
L.  1915,  ch.  132,  in  effect  March  29,  1915.) 

6.  Shall  cause  a  careful  examination  to  be  made  of 
the  physical  condition  of  all  persons  admitted  to  the 
hospital  and  provide  for  the  treatment  of  each  such 
patient  according  to  his  need;  and  shall  cause  a  record 
to  be  kept  of  the  condition  of  each  patient  when  ad- 
mitted, and  from  time  to  time  thereafter. 

7.  Shall  discharge  from  said  hospital  any  patient  who 
shall  wilfully  or  habitually  violate  the  rules  thereof; 
or  who  is  found  not  to  have  tuberculosis;  or  who  is 
found  to  have  recovered  therefrom;  or  who  for  any 
other  reason  is  no  longer  a  suitable  patient  for  treat- 
ment therein;  and  shall  make  a  full  report  thereof  at 
the  next  meeting  of  the  board  of  managers. 

8.  Shall  collect  and  receive  all  moneys  due  the  hos- 
pital, keep  an  accurate  account  of  the  same,  report  the 
same  at  the  monthly  meeting  of  the  board  of  managers, 
and  transmit  the  same  to  the  treasurer  of  the  county 
within  ten  days  after  such  meeting. 


Extracts  from  County  Law  307 

9.  Shall  before  entering  upon  the  discharge  of  his 
duties,  give  a  bond  in  such  sum  as  the  board  of  man- 
agers may  determine,  to  secure  the  faithful  performance 
of  such  duties. 

(Section  added  by  L.  1909,  chap.  341,  am'd  by  L.  1912, 
chaps.  149  and  239:  L.  1913,  chap.  379,  and  L.  1915, 
chap.  132;  in  effect  March  29,  1915.) 

§  49.  Admission  of  patients  from  county  in  which 
hospital  is  situated.  Any  resident  of  the  county  in 
which  the  hospital  is  situated  desiring  treatment  in 
such  hospital,  may  apply  in  person  to  the  superintend- 
ent or  to  any  reputable  physician  for  examination,  and 
such  physician,  if  he  find  that  said  person  is  suffering 
from  tuberculosis  in  any  form,  may  apply  to  the 
superintendent  of  the  hospital  for  his  admission.  Blank 
forms  for  such  applications  shall  be  provided  by  the 
hospital,  and  shall  be  forwarded  by  the  superintendent 
thereof  gratuitously  to  any  reputable  physician  in  the 
county,  upon  request.  So  far  as  practicable,  appli- 
cations for  admission  to  the  hospital  shall  be  made 
upon  such  forms.  The  superintendent  of  the  hospital, 
upon  the  receipt  of  such  application,  if  it  appears  there- 
from that  the  patient  is  suffering  from  tuberculosis, 
and  if  there  be  a  vacancy  in  the  said  hospital,  shall 
notify  the  person  named  in  such  application  to  appear 
in  person  at  the  hospital.  If,  upon  personal  exami- 
nation of  such  patient,  or  of  any  patient  applying  in 
person  for  admission,  the  superintendent  is  satisfied 
that  such  person  is  suffering  from  tuberculosis,  he  shall 
admit  him  to  the  hospital  as  a  patient.  All  such  ap- 
plications shall  state  whether,  in  the  judgment  of  the 
physician,  the  person  is  able  to  pay  in  whole  or  in 
part  for  his  care  and  treatment  while  at  the  hospital; 
and  every  application  shall  be  filed  and  recorded  in  a 
book  kept  for  that  purpose  in  the  order  of  their  receipt. 


308  The  Public  Health  Law 

When  said  hospital  is  completed  and  ready  for  the 
treatment  of  patients,  cr  whenever  thereafter  there  are 
vacancies  therein,  admissions  to  said  hospital  shall  be 
made  in  the  order  in  which  the  names  of  applicants 
shall  appear  upon  the  application  book  to  be  kept  as 
above  provided,  in  so  far  as  such  applicants  are  cer- 
tified to  by  the  superintendent  to  be  suffering  from 
tuberculosis.  Is'o  discrimination  shall  be  made  in  the 
accommodation,  care  or  treatment  of  any  patient  be- 
cause of  the  fact  that  the  patient  or  his  relatives  con- 
tribute to  the  cost  of  his  maintenance  in  whole  or  in 
part,  and  no  patient  shall  be  permitted  to  pay  for  his 
maintenance  in  such  hospital  a  greater  sum  than  the 
average  per  capita  cost  of  maintenance  therein,  in- 
cluding a  reasonable  allowance  for  the  interest  on  the 
cost  of  the  hospital;  and  no  officer  or  employee  of  such 
hospital  shall  accept  from  any  patient  thereof  any  fee, 
payment  or  gratuity  whatsoever  for  his  services. 
(Added  by  L.  1909,  chap.  341;  in  effect  May  13,  1909.) 

§  49-a.  Maintenance  of  patients  in  the  county  in 
which  hospital  is  situated.  Wherever  a  patient  has  been 
admitted  to  said  hospital  from  the  county  in  which  the 
hospital  is  situated,  the  superintendent  shall  cause  such 
inquiry  to  be  made  as  he  may  deem  necessary,  as  to 
his  circumstances,  and  of  the  relatives  of  such  patient 
legally  liable  for  his  support.  If  he  find  that  such 
patient,  or  said  relatives  are  able  to  pay  for  his  care 
and  treatment  in  whole  or  in  part,  an  order  shall 
be  made  directing  such  patient,  or  said  relatives  to 
pay  to  the  treasurer  of  such  hospital  for  the  support 
of  such  patient  a  specified  sum  per  week,  in  propor- 
tion to  their  fii:ar.cial  ability,  but  such  sum  shall  not 
exceed  the  actual  per  capita  cost  of  maintenance.  The 
superintendent  shall  have  the  same  power  and  au- 
thor'.tv    to    collect    such    sum    from    the    estate    of    the 


Extracts  from  County  Law  309 

patient,  or  his  relatives  legally  liable  for  his  support, 
as  is  possessed  by  an  overseer  of  the  poor  in  like  cir- 
cumstances. If  the  superintendent  find  that  such 
patient,  or  said  relatives  are  not  able  to  pay,  either 
in  whole  or  in  part,  for  his  care  and  treatment  in 
such  hospital,  the  same  shall  become  a  charge  upon 
the  county.  When  any  indigent  patient  shall  have  been 
admitted  to  any  such  hospital  as  a  resident  of  the 
county  in  which  the  hospital  is  located,  and  it  shall  be 
found  that  such  patient  has  not  acquired  a  settlement 
within  such  county  under  the  provisions  of  the  poor 
law,  the  superintendent  of  such  hospital  shall  collect 
from  the  county  in  which  such  patient  has  a  settle- 
ment the  cost  of  his  maintenance  in  such  hospital,  or 
may  in  his  discretion  return  such  patient  to  the  locality 
in  which  he  has  a  settlement.  (Added  by  L.  1909,  chap. 
341,  and  am'd  L.  1912,  chaps.  199  and  239;  L.  1913, 
chap.  579;  in  effect  April  28,  1913.) 

§  49-b.  Admission  of  patients  from  counties  not  hav- 
ing a  hospital.  In  any  county  not  having  a  county  hos- 
pital for  the  care  and  treatment  of  persons  suffering 
from  tuberculosis,  a  county  superintendent  of  the  poor, 
upon  the  receipt  of  the  application  and  certificate  here- 
inafter provided  for,  may  apply  to  the  superintendent 
of  any  such  hospital  established  by  any  other  county, 
for  the  admission  of  such  patient.  Any  person  residing 
in  a  county  in  which  there  is  no  such  hospital,  who 
desires  to  receive  treatment  in  such  a  hospital,  may 
apply  therefor  in  writing  to  the  superintendent  of  the 
poor  of  the  county  in  which  he  resides  on  a  blank  to 
be  provided  by  said  superintendent  for  that  purpose, 
submitting  with  such  application  a  written  certificate 
signed  by  a  reputable  physician  on  a  blank  to  be  pro- 
vided by  the  superintendent  of  the  poor  for  such  pur- 
pose, stating  that  such  physician  has,  within  the  ten 
days  then  next  preceding,  examined  such  person,  and 
that,    in   his   judgment,    such   person    is   suffering   from 


310  The  Public  Health  Law 

tuberculosis.  The  superintendent  of  the  poor,  on  re- 
ceipt of  such  application  and  certificate,  shall  forward 
the  same  to  the  superintendent  of  any  hospital  for  the 
care  and  treatment  of  tuberculosis.  If  such  patient  be 
accepted  by  such  hospital,  the  superintendent  of  the 
poor  shall  provide  for  his  transportation  thereto,  and 
for  his  maintenance  therein  at  a  rate  to  be  fixed  as 
herein  provided.  (Added  by  L.  1909,  chap.  341;  in 
effect  May  13,  1909.) 

§  49-c.  Maintenance  of  patients  from  counties  not 
having  a  hospital.  Whenever  the  superintendent  of  such 
a  county  hospital,  shall  receive  from  a  superintendent  of 
the  poor  of  any  other  county  an  application  for  the  ad- 
mission of  a  patient,  if  it  appear  from  such  application 
that  the  person  therein  referred  to  is  suffering  from 
tuberculosis,  the  superintendent  shall  notify  said  per- 
son to  appear  in  person  at  the  hospital,  provided 
there  be  a  vacancy  in  such  hospital  and  there  be  no 
pending  application  from  a  patient  residing  in  the 
county  in  which  the  hospital  is  located.  If,  upon  per- 
sonal examination  of  the  patient,  the  superintendent  is 
satisfied  that  such  patient  is.  suffering  from  tuberculosis, 
he  shall  admit  him  to  the  hospital.  Every  patient  so 
admitted  shall  be  a  charge  against  the  county  sending 
such  patient,  at  a  rate  to  be  fixed  by  the  board  of 
managers,  which  shall  not  exceed  the  per  capita  cost 
of  maintenance  therein,  including  a  reasonable  allow- 
ance for  interest  on  the  costs  of  the  hospital;  and  the 
bill  therefor  shall,  when  verified  by  the  superintendent 
of  the  poor  of  the  county  from  which  said  patient  was 
sent,  be  audited  and  paid  by  the  board  of  supervisors 
of  the  said  county.  The  said  superintendent  of  the 
poor  shall   cause  an  investigation  to  be  made  into  the 


Extracts  from  County  Law  311 

circumstances  of  such  patient,  and  of  his  relatives 
legally  liable  for  his  support,  and  shall  have  the  same 
authority  as  an  overseer  of  the  poor  in  like  circum- 
stances to  collect  therefrom,  in  whole  or  in  part,  ac- 
cording to  their  financial  ability,  the  cost  of  the  main- 
tenance of  such  person  in  said  hospital.  (Added  by  L. 
1909,  chap.  341;  in  effect  May  13,  1909.) 

§  49-d.  Visitation  and  inspection.  The  resident  officer 
of  the  hospital  shall  admit  the  managers  into  every 
part  of  the  hospital  and  the  premises  and  give  them 
access  on  demand  to  all  books,  papers,  accounts  and 
records  pertaining  to  the  hospital  and  shall  furnish 
copies,  abstracts  and  reports  whenever  required  by 
them.  All  hospitals  established  or  maintained  under 
the  provisions  of  sections  forty-five  to  forty-nine-e, 
inclusive,  of  this  chapter,  shall  be  subject  to  inspec- 
tion by  any  duly  authorized  representative  of  the 
state  board  of  charities,  of  the  state  department  of 
health,  of  the  state  charities  aid  association  and  of  the 
board  of  supervisors  of  the  county;  and  the  resident 
officers  shall  admit  such  representatives  into  every  part 
of  the  hospital  and  its  buildings,  and  give  them  access 
on  demand  to  all  records,  reports,  books,  papers  and 
accounts  pertaining  to  the  hospital.  (Added  by  L. 
1909,  chap.  341;  in  effect  May  13,  1909.) 

§  49-e.  Hospitals  at  almshouses.  Wherever  a  hospital 
for  the  care  and  treatment  of  persons  suffering  from 
tuberculosis  exists  in  connection  with,  or  on  the 
grounds  of  a  county  almshouse,  the  board  of  super- 
visors may,  after  sections  forty-five  to  forty-nine-e  of 
this  chapter  take  effect,  appoint  a  board  of  managers 
for  such  hospital  and  such  hospital,  and  its  board 
of  managers,  shall  thereafter  be  subject  to  all  the 
provisions  of  this  act,  in  like  manner  as  if  it  had 
been  originally  established  hereunder.     Any  hospital  for 


312  The  Public  Health  Law 

the  care  and  treatment  of  tuberculosis  which  may  here- 
after be  established  by  any  board  of  supervisors  shall 
be  subject  to  all  the  provisions  of  said  sections.  No 
hospital  authorized  under  the  provisions  of  this  chapter 
shall  hereafter  be  located  on  the  grounds  of  an  alms- 
house. (Added  by  L.  1909,  chap.  341;  am'd  by  L.  1913, 
chap.  379;   in  effect  April  28,  1913.) 

Extermination  of  mosquitoes,  Suffolk  county. 

§  1.  The  town  board  of  any  town  in  the  county  of 
Suffolk  may  establish  one  or  more  districts  for  tho 
purposes  of  this  act  within  the  town  and  outside  the 
boundaries  of  any  incorporated  village,  on  the  petition 
of  a  majority  of  the  owners  of  taxable  real  property 
in  the  proposed  district.  The  petition  must  be  signed 
by  the  petitioners  and  acknowledged  in  the  same 
manner  as  a  deed  to  be  recorded.  Such  petition,  accom- 
panied with  a  map  showing  the  boundaries  of  the  pro- 
posed district,  shall  be  filed  with  the  town  clerk.  If 
any  such  district  be  established,  the  town  board  shall 
thereafter  include  in  the  annual  budget  of  taxes  to  be 
levied  by  the  board  of  supervisors  a  sum  not  exceeding 
eight  hundred  dollars  for  the  extermination  of  mos- 
quitoes in  such  district,  which  sum  shall  be  levied  by 
such  board  of  supervisors  upon  the  property  subject 
to  taxation  in  the  district  as  so  established.  For  the 
purpose  of  the  levying  of  such  tax,  the  town  board  shall 
apportion  the  same  pro  rata  upon  such  taxable  prop- 
erty and  transmit  a  certified  statement  thereof  to  the 
board  of  supervisors.  Such  apportionment  shall  be  on 
the  basis  of  the  valuation  of  such  property  as  fixed  by 
the  last  preceding  assessment  roll  of  the  town.  After 
the  boundaries  of  such  district  shall  have  been  estab- 
lished, if  any  farm  or  lot  or  the  real  property  of  a 
corporation  or  joint  stock   association  shall  have  been 


Extracts  f&om  County  Law  313 

divided  by  any  such  boundary  line,  it  shall  be  the  duty 
of  the  town  assessors  after  fixing  the  valuation  of  the 
whole  of  such  real  property  as  now  required  by  law  to 
determine  what  portion  of  such  valuation  is  on  account 
of  that  part  of  such  real  property  lying  within  such 
district. 

§  2.  The  tax  provided  for  in  this  act  shall  when 
collected  be  paid  to  the  supervisor,  who  shall  pay  the 
same  over  as  needed  to  a  committee  to  be  elected  as 
hereinafter  provided.  Such  committee  shall  have  charge 
of  the  expenditure  of  the  moneys  so  paid  over  for  the 
extermination  of  mosquitoes  in  such  district. 

§  3.  A  public  meeting  of  electors  residing  in  such 
district  and  owning  taxable  property  therein  shall  be 
held  annually  in  the  month  of  September  at  a  time 
and  at  a  place  in  such  village  to  be  designated  by  the 
town  clerk,  for  the  purpose  of  electing  a  committee  for 
the  extermination  of  mosquitoes,  for  the  ensuing  year. 
The  number  of  members  to  serve  on  the  committee 
shall  be  determined  at  each  meeting,  but  shall  not 
exceed  seven  persons.  No  person  shall  be  qualified  to 
serve  on  such  committee  who  is  not  at  the  time  a 
resident  taxpayer  of  such  district.  Notice  of  such  meet- 
ing, including  a  statement  of  its  objects  and  purposes 
and  of  the  time  and  place  of  holding  the  same  shall 
be  given  by  publication  in  a  newspaper  in  such  town 
once  a  week  for  the  preceding  four  weeks.  No  person 
shall  be  entitled  to  vote  at  such  meeting  who  is  not 
an  elector  and  taxpayer  residing  in  such  district.  A 
chairman  and  two  inspectors  of  election  shall  be  chosen 
by  the  persons  entitled  to  vote  at  the  meeting,  and  all 
voting  shall  be  by  ballot.  The  chairman  shall  announce 
the  result  of  the  vote  upon  any  question  or  for  candi- 
dates for  membership  in  such  committee,  and  the  result 
of  such  vote  shall  be  certified  by  the  chairman  and  said 
inspectors  to  the  town  clerk.     Such  certificate  shall  be 


314  The  Public  Health  Law 

sufficient  warrant  to  the  supervisor  to  pay  over  to  the 
persons  certified  to  have  been  elected  any  moneys  in 
his  hands  available  for  the  purposes  of  this  act.  Such 
committee  shall  file  with  the  town  clerk  annually  on 
the  first  day  of  October  a  report  of  its  proceedings  for 
the  previous  year.  Such  report  shall  set  forth  in  detail 
the  moneys  received  and  expended,  the  manner  of  such 
expenditure  and  the  work  accomplished.  (Added  by  L. 
1916,  chap.  246;  in  effect  April  17,  1916.) 

ARTICLE  XXI. 

(Added  by  L.  1916,  chap.  408;  in  effect  May  3,  1916.) 
County    Mosquito    Extermination    Commission. 

Section  400.  Establishment;     appointment     of     commis- 
sioners. 

401.  Chairman  of  board  of  supervisors  ex  officio 

member. 

402.  State    commission  "r    of    health    to    appoint 

one  member  of  such  commission. 

403.  Members  to  serve  without  compensation. 

404.  Commissions;    terms   of  office. 

405.  Official  oath;  officers. 

406.  Commission   a  body  corporate;    powers. 

407.  Secretary  of  commission;   salary. 

408.  Clerks   and  assistants. 

409.  Duties  of  clerks  and  assistants. 
409-a.  Accumulation  of  water  a  nuisance. 

410.  Powers  and  duties  of  commission. 

411.  Publication  of  notice  of  entry,  claims,  dam- 

ages and  payments. 

412.  Estimate   of   annual   requirements;    powers 

and  duty  of  state  health  commissioner. 

413.  Duties  of  boards  of  supervisors. 


*  So   in   original. 


EXTKACTS   FROM    COUNTY  LAW  315 

Section  414.  Disbursements  by  county  treasurer. 

415.  Annual  report. 

416.  Reservation   of   powers. 

417.  Temporary  provision  for  nineteen  hundred 

and  sixteen. 

418.  Obstructions;  interferences. 

§  400.  Establishment;  appointment  of  commissioners. 

In  any  county  in  the  state  of  New  York,  having  a 
population  of  less  than  two  hundred  thousand  adjacent 
to  a  city  of  the  first  class,  having  a  population  of  over 
three  million  there  is  hereby  created  an  appointing 
board  to  consist  of  the  county  judge,  the  county  clerk 
and  the  county  comptroller,  to  be  known  as  "  The 
(here  shall  be  inserted  the  name  of  the  county  in  and 
for  which  such  appointing  board  shall  act)  County 
Board  "  for  the  appointment  of  a  county  mosquito 
extermination  commission,  as  hereinafter  provided. 
The  members  of  such  appointing  board  shall  serve  with- 
out pay,  except  that  the  necessary  expenses  of  each 
member  for  actual  attendance  at  any  meeting  of  such 
board  shall  be  allowed  and  paid.  Within  ten  days  after 
the  presentation  of  a  petition  signed  and  acknowledged 
in  the  same  manner  as  are  deeds  entitled  to  be  recorded, 
by  two  hundred  residents  of  such  county,  it  shall  be  the 
duty  of  the  county  judge  to  convene  the  said  board,  at 
the  most  suitable  and  convenient  place,  or  otherwise  ar- 
range for  concerted  action,  for  the  appointment  of  four 
resident  taxpayers  in  any  such  county,  who,  with  the 
chairman  of  the  board  of  supervisors  and  one  member, 
to  be  appointed  by  the  state  commissioner  of  health, 
as  provided  by  sections  four  hundred  and  one  and 
four  hundred  and  two  of  this  article,  shall  constitute 
a  board  of  commissioners  to  be  known  as  "The  (here 
shall  be  inserted  the  name  of  the  county  in  and  for 
which  the  commissioners  are  to  be  appointed)  County 
Extermination  Commission." 


318  The  Public  Health  Law 

§  401.  The  chairman  of  the  board  of  supervisors  ex 
officio  member.  The  chairman  of  the  board  of  super- 
visors of  each  county  in  and  for  which  a  commission 
is  appointed,  shall  be  a  member  ex  officio  of  such  com- 
mission, and  shall  serve  without  compensation,  except 
that  the  necessary  expenses  actually  incurred  by  his 
attendance  upon  meetings  of  such  commission  shall  be 
allowed  and  paid.  He  shall  have  equal  powers,  privi- 
leges and  duties  with  the  other  members  of  such 
commission. 

§  402.  The  state  commissioner  of  health  to  appoint 
one  member  of  such  commission.  The  state  commis- 
sioner of  health  shall  appoint  one  member  of  such  com- 
mission who  shall  have  equal  powers,  privileges  and 
duties  with  the  other  members  of  such  commission. 
Such  member  shall  be  a  resident  of  the  county  for 
which  such  commissioners  are  appointed,  and  he  shall 
in  addition  to  his  powers,  duties  and  privileges  con- 
ferred, represent  the  state  commissioner  of  health  in  all 
matters  as  the  state  commissioner  of  health  may  direct. 

§  403.  Members  to  serve  without  compensation.  The 
members  of  such  commission  shall  serve  without  com- 
pensation, except  that  the  necessary  expenses  of  each 
commissioner  for  actual  attendance  at  meetings  of 
such  commission  shall  be  allowed  and  paid.  No  person 
employed  by  such  commission  shall  be  a  member 
thereof. 

§  404.  Commissions;  terms  of  office.  The  commis- 
sioners first  appointed  by  the  county  board  in  any  dis- 
trict under  the  provisions  of  this  article  shall  hold  office 
respectively  for  the  term  of  one,  two,  three  and  four 
years.  The  term  of  the  member  appointed  by  the  state 
commissioner  of  health  shall  be  four  years.  All  such 
commissioners  after  the  first  appointment  shall  be 
appointed   for   the  full  term  of  four  years.     Vacancies 


EXTBACTS   FROM    COUNTT   LAW  317 

in  such  commission,  occurring  by  resignation  or  other- 
wise, shall  be  filled,  by  the  county  board  in  the  manner 
provided  in  section  four  hundred  except  any  vacancy 
caused  by  resignation  or  otherwise  of  the  member 
appointed  by  the  state  commissioner  of  health,  which 
shall  be  filled  by  the  state  commissioner  of  health  in 
the  manner  provided  in  section  four  hundred  and  two 
of  this  article,  and  the  persons  so  appointed  to  fill  such 
vacancies  shall  be  appointed  for  the  unexpired  term 
only. 

§  405.  Official  oath;  officers.  Before  entering  upon 
the  duties  of  his  office  each  commissioner  shall  take 
and  subscribe  an  oath  or  affirmation  before  the  clerk 
of  the  county  in  which  is  situated  the  district  in  and 
for  which  he  is  appointed  to  faithfully  and  impartially 
perform  the  duties  of  his  office,  which  oath  or  affirma- 
tion shall  be  filed  with  such  clerk.  Every  such  com- 
mission shall  annually  choose  from  among  its  members 
a  president  and  treasurer,  who  shall  serve  without  pay, 
and  they  shall  respectively  perforin  the  duties  ordi- 
narily incidental  to  such  offices. 

§  406.  Commission  a  body  corporate  and  politic; 
powers.  From  and  after  the  appointment,  qualification 
and  organization  of  such  commissioners,  such  mosquito 
extermination  commission  shall  become  and  be  a  body 
corporate  and  politic,  under  the  name  given  in  such 
petition,  and  by  such  name  and  style  may  sue,  be  sued, 
execute  contracts,  have  a  corporate  seal,  and  shall  have 
a1!  powers  herein  conferred  upon  it  within  the  counties 
wherein  it  is  appointed. 

§  407.  Secretary  of  commission;  salary.  The  com- 
mission may  appoint  a  secretary,  whose  compensation 
shall  be  fixed  by  such  commission;  the  salary  of  such 
secretary  shall  not  exceed,  however,  the  sum  of  eighteen 
hundred  dollars  per  annum. 

§  408.  Clerks  and  assistants.  Said  commission  may, 
with  the   approval  of  the  board   of  supervisori  of  the 


318  The  Public  Health  Law 

county,  appoint  and  employ  such  clerks,  assistants, 
inspectors  and  day  laborers  as  may  be  necessary  to 
carry  out  the  provisions  of  this  article.  The  compensa- 
tion of  such  clerks  and  assistants  shall  be  fixed  by  the 
board  of  supervisors  of  the  county. 

§  409.  Duties  of  clerks  and  assistants.  The  com- 
mission shall  prescribe  the  duties  and  hours  of  employ- 
ment of  clerks  and  assistants  and  make  all  rules  and 
regulations  respecting  the  same.  The  commission  shall 
furnish  them  with  necessary  and  proper  facilities. 

§  409-a.  Accumulation  of  water  a  nuisance.  Any 
accumulation  of  water  in  which  mosquitoes  are  breed- 
ing, or  are  likely  to  breed,  is  hereby  declared  to  be  a 
nuisance. 

§  410.  Powers  and  duties  of  commission.  Said  com- 
mission shall  use  every  means  feasible  and  practicable 
to  exterminate  'mosquitoes,  of  every  variety,  found 
within  the  county  for  which  such  commission  is 
appointed.  Such  commission  shall  have  power  and 
authority  to  enter  without  hindrance  upon  any  or  all 
lands  within  the  county  for  the  purpose  of  draining  or 
oiling  the  same  and  to  perform  all  other  acts  which 
in  its  opinion  and  judgment  may  be  necessary  and 
proper  for  the  elimination  of  breeding  places  of  mos- 
quitoes or  which  will  tend  to  exterminate  mosquitoes 
of  fresh  water,  salt  water  and  every  other  kind  or 
variety  found  within  such  counties. 

§  411.  Publication  of  notice  of  entry;  claims,  dam- 
ages and  payments.  Before  entering  upon  any  such 
lands  for  such  purposes  as  outlined  under  section  four 
hundred  and  ten  hereof,  the  commission  shall  publish 
each  year,  at  least  once  during  the  year,  immediately 
following  the  approval  by  the  state  commissioner  of 
health  of  its  plans  for  work  during  the  ensuing  year 
as  provided  in  this  article,  in  at  least  one  newspaper 
in  every  town  of  the  county  where  work  is  to  be  per- 


EXTEACTS   FROM    COUNTY   LAW  319 

formed  and  in  which  such  a  paper  is  published,  a  gen* 
eral  description  of  the  land  with  the  names  of  the 
owners  thereof  as  shown  by  the  last  assessment-rolls, 
if  known,  if  the  name  of  the  owner  or  owners  be 
unknown  that  fact  must  be  stated  and  published;  and 
in  case  of  a  town  where  work  is  to  be  performed  by 
the  commission  and  in  which  no  newspaper  is  published, 
individual  notices  shall  be  first  sent  to  every  owner  in 
such  town  upon  whose  land  the  commission  proposes 
to  enter  for  said  purposes  if  the  name  of  such  owner 
be  know,  if  unknown  such  notice  shall  be  posted  in  not 
less  than  five  conspicuous  places  in  such  town.  Any 
person  objecting  to  or  who  is  aggrieved  or  who  claims 
damages  due  to  the  execution  of  the  work  of  the  com- 
mission, shall  file  a  protest  with  the  commission  set- 
ting forth  his  grienvance  or  claim.  The  commission 
shall  thereupon  and  within  thirty  days  after  the  filing 
of  such  protest  or  claim,  set  a  day  for  a  public  hearing 
thereof.  In  all  such  cases  the  decision  of  the  commis- 
sion as  to  the  necessity  of  such  work  shall  be  final. 
Any  damage  claimed  by  any  party  on  account  of  entry 
work  of  the  commission  upon  his  property  shall  be 
determined  by  an  action  in  court  to  be  tried  in  the 
county;  and  the  amount  of  any  damage  that  may  be 
awarded  such  party  shall  be  included  in  the  next  suc- 
ceeding estimate  of  annual  requirements  of  the  com- 
mission and  shall  be  included  in  the  annual  tax  levy 
as  provided  for  in  this  article,  and  be  paid  by  the 
commission. 

§  412.  Estimate  of  annual  requirements;  power  and 
duty  of  state  health  commissioner.  Every  such  county 
commission  shall,  on  or  before  the  first  day  of  Septem- 
ber in  each  year,  file  with  the  state  commissioner  of 
health  a  detailed  estimate  of  the  moneys  required  for 
the  ensuing  year  and  a  plan  of  the  work  to  be  done 
and  the  methods  to  be  employed,  together  with  a  gen- 
eral description  of  such  lands  with  the  names  of  the 


320  The  Public  Health  Law 

owners  thereof,  as  recorded  by  the  last  assessment-rolls 
if  known,  if  unknown  that  fact  shall  be  stated,  as  the 
eoniniission  proposes  to  enter  upon  and  to  execute  such 
plans  and  work.  Such  commissioner  shall  have  the 
power  to  approve,  modify  or  alter  such  estimates,  plans 
and  methods,  and  such  estimates,  plans  and  methods 
finally  approved  by  him  shall  be  forwarded  by  him  to 
the  board  of  supervisors  in  the  county  on  or  before  the 
first  day  of  October  following  its  receipt. 

§  413.  Duties  of  boards  of  supervisors.  It  shall  be 
the  duty  of  the  board  of  supervisors  in  every  county 
in  which  a  commission  is  appointed  as*  its  annual  or 
other  meeting  in  the  month  of  December  of  each  year 
and  on  receipt  of  the  said  report  from  the  commissioner 
of  the  state  board  of  health,  to  cause  to  be  included  in 
the  annual  tax  levy  of  such  county  and  added  to  the 
tax  roll  for  the  succeeding  year  such  amount  of  money 
for  the  use  and  purposes  of  the  mosquito  extermination 
commission,  in  its  said  county,  as  is  approved  by  the 
state  commission*  of  health  in  such  report,  provided, 
however,  that  in  no  one  year  shall  the  amount  so  raised 
exceed  the  amount  hereinafter  specified,  to  wit:  in 
counties  where  the  assessed  valuations  are  not  more 
than  forty  million  dollars,  a  sum  not  greater  than  one 
mill  on  every  dollar  of  assessed  valuation;  in  counties 
where  the  assessed  valuations  are  in  excess  of  forty 
million  dollars,  a  sum  not  greater  than  three-eights 
of  one  mill  on  every  dollar  of  assessed  valuations. 

§  414.  Disbursements  by  county  treasurer.  The 
county  treasurer  of  each  county  shall  pay  from  time  to 
time  to  the  mosquito  extermination  commission,  on 
the  requisition  of  such  commission,  duly  signed  and 
approved  by  the  president  and  secretary  thereof,  the 
amount  of  moneys  so  specified  in  the  annual  tax  levy 
for  the  purposes  and  uses  of  such  mosquito  extermina- 
tion commission. 


So   in  original. 


Extracts  from  County  Law  321 

§  415.  Annual  report.  It  shall  be  the  duty  of  each 
mosquito  extermination  commission,  on  or  before  the 
first  day  of  September  in  each  year,  to  submit  to  the 
state  commissioner  of  health  and  to  the  board  of  super- 
visors in  each  respective  county  comprised  within  a  mos- 
quito extermination  district,  a  report  setting  forth  the 
amount  of  moneys  expended  during  the  previous  year 
showing  each  item  of  expenditure,  the  methods  em- 
ployed, the  work  accomplished  and  any  other  informa- 
tion which  in  its  judgment  may  seem  pertinent,  or 
which  the  board  of  supervisors  may  demand.  Such 
report  shall  be  published  in  at  least  one  newspaper 
published  in  the  county. 

§  416.  Reservation  of  powers.  Nothing  in  this  article 
shall  be  construed  to  alter,  amend,  modify  or  repeal 
sections  twenty-six  to  thirty-two  inclusive,  of  this  law, 
or  of  any  of  the  provisions  of  the  drainage  law  except 
to  the  extent  that  the  provisions  of  this  article  are 
inconsistent  therewith. 

§  417.  Temporary  provision  for  nineteen  hundred  and 
sixteen.  If  a  commission  be  appointed  under  this  article 
before  June  first,  nineteen  hundred  and  sixteen,  such 
commission  shall,  on  or  before  the  first  day  of  July, 
nineteen  hundred  and  sixteen,  file  with  the  state  com- 
missioner of  health  in  accordance  with  the  provisions 
of  this  article  an  estimate  of  the  moneys  required  for 
the  year  nineteen  hundred  and  sixteen  and  a  plan  of 
the  work  to  be  done  and  the  methods  to  be  employed 
by  the  commission  during  such  year.  The  state  com- 
missioner of  health  shall  on  or  before  July  fifteenth 
consider  such  plans,  methods  and  estimates,  and  ap- 
prove, modify  or  alter  the  same  as  provided  by  section 
four  hundred  and  twelve,  and  forward  the  same  to  the 
treasurer  of  such  county,  who  shall  at  once  borrow,  on 
the  credit  of  such  county,  the  amount  specified  in  such 
estimate,  not  exceeding,  however,  the  amount  specified 

11 


322  The  Public  Health  Law 

in  section  four  hundred  and  thirteen  of  this  chapter. 
Such  amount,  so  borrowed,  shall  be  a  county  charge  and 
shall  be  included  by  the  board  of  supervisors  in  the  tax 
levy  for  the  ensuing  year.  The  moneys  so  borrowed 
shall  be  paid  by  the  county  treasurer  to  the  mosquito 
extermination  commission,  according  to  the  provisions 
of  section  four  hundred  and  fourteen  of  this  chapter. 
§  41 S.  Obstructions;  interferences.  Any  person  who 
obstructs  or  interferes  with  the  entry  of  the  commission 
or  its  employees  upon  land  or  who  obstructs  or  inter- 
feres with,  molests,  or  damages  any  of  the  work  per- 
formed by  the  commission  shall  be  guilty  of  a 
misdemeanor. 

EXTRACTS  FROM  DOMESTIC  RELATIONS  LAW 

(L.   1909,   ch.    19,   constituting  ch.   14  of  Cons.  Laws) 
ARTICLE    II 

Marriages 
Section  5.  Incestuous  and  void  marriages. 

6.  Void  marriages. 

7.  Voidable  marriages. 

8.  Marriage  after  divorce  for  adultery. 

§  5.  Incestuous  and  void  marriages.  A  marriage  is 
incestuous  and  void  whether  the  relatives  are  legiti- 
mate or  illegitimate  between  either: 

1.  An  ancestor  and  a  descendant. 

2.  A  brother  and  sister  of  either  the  whole  or  the 
half  blood. 

3.  An  uncle  and  niece  or  an  aunt  and  nephew. 

If  a  marriage  prohibited  by  the  foregoing  provisions 
of  this  section  be  solemnized  it  shall  be  void,  and  the 
parties  thereto  shall  each  be  fined  not  less  than  fifty 
nor  more  than  one  hundred  dollars  and  may,  in  the 
discretion  of  the  court  in  addition  to  said  fine,  be 
imprisoned  for  a  term  not  exceeding  six  months.  Any 
person  who  shall  knowingly  and  wilfully  solemnize  such 


Extracts  feom  Domestic  Relations  Law      323 

marriage  or  procure  or  aid  in  the  solemnization  of  the 
same,  shall  be  deemed  guilty  of  a  misdemeanor  and 
shall  be  fined  or  imprisoned  in  like  manner. 

§  6.  Void  marriages.  A  marriage  is  absolutely  void 
if  contracted  by  a  person  whose  husband  or  wife  by  a 
former  marriage  is  living,  unless  either: 

1.  Such  former  marriage  has  been  annulled  or  has 
been  dissolved  for  a  cause  other  than  the  adultery  of 
such  person;  provided,  that  if  such  former  marriage 
has  -been  dissolved  for  the  cause  of  the  adultery  of 
such  person,  he  or  she  may  marry  again  in  the  cases 
provided  for  in  section  eight  of  this  chapter  and  such 
subsequent   marriage   shall   be  valid; 

2.  Such  former  husband  or  wife  has  been  finally  sen- 
tenced to  imprisonment  for  life; 

3.  Such  former  husband  or  wife  has  absented  him- 
self or  herself  for  five  successive  years  then  last  past 
without  being  known  to  such  person  to  be  living  dur- 
ing that  time.  (Am'd  by  L.  1915,  ch.  266,  in  effect 
April  12,   1915.) 

§  7.  Voidable  marriages.  A  marriage  is  void  from  the 
time  its  nullity  is  declared  by  a  court  of  competent 
jurisdiction  if  either  party  thereto: 

1.  Is  under  the  age  of  legal  consent,  which  is  eigh- 
teen years; 

2.  Is  incapable  of  consenting  to  a  marriage  for  want 
of  understanding; 

3.  Is  incapable  of  entering  into  the  married  state 
from  physical  cause; 

4.  Consents  to  such  marriage  by  reason  of  force, 
duress  or  fraud; 

5.  Has  a  husband  or  a  wife  by  a  former  marriage 
living,  and  such  former  husband  or  wife  has  absented 
himself  or  herself  for  five  successive  years  then  last 
past  without  being  known  to  such  party  to  be  living 
during  that  time. 

Actions  to  annul  a  void  or  voidable  marriage  may  be 
brought  only  as  provided  in  the  code  of  civil  procedure. 


324  The  Public  Health  Law 

§  8.  Marriage  after  divorce  for  adultery.  When- 
ever a  marriage  has  been  or  shall  be  dissolved,  the  com- 
plainant may  marry  again  during  the  lifetime  of  the 
defendant.  But  a  defendant  for  whose  adultery  the 
judgment  of  divorce  has  been  granted  in  this  state  may 
not  marry  again  during  the  lifetime  of  the  complainant, 
unless  the  court  in  which  the  judgment  of  divorce  was 
rendered  shall  in  that  respect  modify  such  judgment, 
which  modification  shall  be  made  only  upon  satisfactory 
proof  that  five  years  have  elapsed  since  the  decree  of 
divorce  was  rendered,  and  that  the  conduct  of  the  defen- 
dant since  the  dissolution  of  said  marriage  has  been 
uniformly  good;  and  a  defendant  for  whose  adultery 
the  judgment  of  divorce  has  been  rendered  in  another 
state  or  country  may  not  marry  again  in  this  state 
during  the  lifetime  of  the  complainant  unless  five  years 
have  elapsed  since  the  rendition  of  such  judgment  and 
there  is  no  legal  impediment,  by  reason  of  such  judg- 
ment, to  such  marriage  in  the  state  or  country  where 
the  judgment  was  rendered.  But  this  section  shall 
not  prevent  the  remarriage  of  the  parties  to  an  action 
for  divorce.  (Am'd  by  L.  1915,  ch.  266,  in  effect  April 
12,    1915.) 

ARTICLE    III 

Solemnization,   proof    and    effect    of   marriage 

Section  10.     Marriage  a  civil  contract. 

11.  By  whom  a  marriage  must  be  solemnized. 
11 -a.  Duty  of  city  clerk  in  certain  cities  of  the 

first  class. 

12.  Marriage,  how   solemnized. 

13.  Marriage  licenses. 

14.  Town   and    city    clerks    to    issue    marriage 

licenses;   form. 

15.  Duty  of  town  and  city  clerks. 

16.  False  statements  and  affidavits. 

17.  Clergyman     or     officer     violating     article; 

penalty. 


Extracts  fbom  Domestic  Relations  Law      325 

Section  18.  Clergyman  or  officer,  when  protected. 

19.  Records  to  be  kept  by  town  and  city  clerks. 

J  20.  Records  to  kept  by  the  county  clerk. 

21.  Forms  and  books  to  be  furnished. 

22.  Penalty  for  violation. 

23.  Presumptive  evidence. 

24.  Effect  of  marriage  of  parents  of  illegitimates. 

25.  License,  when  to  be  obtained. 

§  10.  Marriage  a  civil  contract.  Marriage,  so  far  aB 
its  validity  in  law  is  concerned,  continues  to  be  a  civil 
contract,  to  which  the  consent  of  the  parties  capable  in 
law  in  making  a  contract  is  essential. 

§  11.  By  whom  a  marriage  must  be  solemnized.  The 
marriage  must  be  solemnized  by  either: 

1.  A  clergyman  or  minister  of  any  religion,  or  by 
the  leader,  or  any  of  the  three  assistant  leaders,  of  the 
Society  for  Ethical  Culture  in  the  city  of  Xew  York, 
having  its  principal  office  in  the  borough  of  Manhattan, 
or  by  the  leader  of  the  Society  for  Ethical  Culture  in 
the  borough  of  Brooklyn  of  the  city  of  New  York; 

2.  A  mayor,  recorder,  city  magistrate,  police  justice 
or  police  magistrate  of  a  city,  or  the  city  clerk  of  a 
city  of  the  first  class  or  any  of  his  deputies  desig- 
nated by  him  for  such  purpose,  as  provided  in  section 
eleven-a  of  this  chapter,  except  that  in  cities  which 
contain  more  than  one  hundred  thousand  and  less  than 
one  million  inhabitants,  a  marriage  shall  be  solemnized 
by  the  mayor,  or  police  justice,  and  by  no  other  officer 
of  such  city,  except  as  provided  in  subdivisions  one  and 
three  of  this  section;  (Subd.  amended  by  L.  1916,  ch. 
524,  in  effect  May  12,  1916.) 

3.  A  justice  or  judge  of  a  court  of  record,  or  of  a  mu- 
nicipal court,  a  police  justice  of  a  village,  or  a  justice 
of  the  peace;  except  that  justices  of  the  peace  in  cities 
which  contain  more  than  one  hundred  thousand  and 
less  than  one  million  inhabitants,  shall  have  no  power 
to  solemnize  marriages;  or, 

4.  A  written  contract  of  marriage  signed  by  both 
parties  and  at  least  two  witnesses  who  shall  subscribe 
the  same,  stating  the  place  of  residence  of  each  of  the 


326  The  Public  Health  Law 

parties  and  witnesses  and  the  date  and  place  of  mar- 
riage and  acknowledged  by  the  parties  and  witnesses  in 
the  manner  required  for  the  acknowledgment  of  a  con- 
veyance of  real  estate  to  entitle  the  same  to  be  recorded, 
provided  however  that  all  of  such  contracts  of  marriage 
must  in  order  to  be  valid  be  acknowledged  before  a 
judge  of  a  court  of  record.  Such  contract  shall  be  re- 
corded within  six  months  after  its  execution  in  the  office 
of  the  clerk  of  the  county  in  which  the  marriage  was 
solemnized. 

The  word  "  clergyman  "  when  used  in  the  following 
sections  of  this  article,  includes  each  person  referred 
to  in  the  first  subdivision  of  this  section.  The  word 
"  magistrate "  when  so  used,  includes  any  person  re- 
ferred to  in  the  second  or  third  subdivision.  (Section 
amd.  by  L.  1911,  ch.  610;  L.  1912,  ch.  166;  L.  1913,  ch. 
490  and  L.  1916,  ch.  524,  in  effect  May  12,  1916.) 

§  11-a.  Duty  of  city  clerk  in  certain  cities  of  the 
first  class.  Whenever  persons  to  whom  the  city  clerk 
of  a  city  of  the  first  class  having  more  than  one  mil- 
lion inhabitants  has  issued  a  marriage  license  shall 
request  him  to  solemnize  the  rites  of  matrimony 
between  them  and  present  to  him  such  license  it  shall 
be  the  duty  of  such  clerk,  either  in  person  or  by  one 
of  his  deputies  designated  by  him  as  provided  in  sub- 
division two  of  section  eleven  of  this  chapter,  to  solem- 
nize such  marriage;  provided,  however,  that  nothing 
contained  either  in  this  section  or  in  subdivision  two 
of  section  eleven  of  this  chapter  shall  be  construed 
as  empowering  or  requiring  either  the  said  city  clerk 
or  any  of  his  deputies  designated  by  him  to  perform 
marriage  ceremonies,  to  solemnize  marriages  at  any 
place  other  than  at  the  office  of  such  city  clerk.  In 
all  cases  in  which  the  city  clerk  of  such  city  of  the  first 
class  or  one  of  his  deputies  shall  perform  a  marriage 
ceremony  such  official  shall  demand  and  be  entitled  to 
collect  therefor  a  fee  of  two  dollars,  which  sum  shall  be 
paid  by  the  contracting  parties  before  or  immedi- 
ately upon  the  solemnization  of  the  marriage;  and  all 
such  fees  so  received  shall  be  paid  over  monthly  to  the 
treasurer  of  the  city.  (Added  by  L.  1916,  ch.  524,  in 
effect  May  12,  1916.). 


Extracts  from  Domestic  Relations  Law      327 

§  12.  Marriage,  how  solemnized.  No  particular  form 
or  ceremony  is  required  when  the  marriage  is  solem- 
nized as  herein  provided,  by  a  clergyman  or  magistrate, 
but  the  parties  must  solemnly  declare  in  the  presence 
of  a  clergyman  or  magistrate  and  the  attending  wit- 
ness or  witnesses  that  they  take  each  other  as  hus- 
band and  wife.  In  every  case,  at  least  one  witness 
beside  the  clergyman  or  magistrate  must  be  present  at 
the  ceremony.  The  preceding  provisions  of  this  chapter, 
so  far  as  they  relate  to  the  manner  of  solemnizing 
marriages,  shall  not  affect  marriages  among  the  people 
called  friends  or  quakers;  nor  marriages  among  the 
people  of  any  other  denominations  having  as  such  any 
particular  mode  of  solemnizing  marriages;  but  such 
marriages  must  be  solemnized  in  the  manner  heretofore 
used  and  practiced  in  their  respective  societies  or 
denominations,  and  marriages  so  solemnized  shall  be  as 
valid  as  if  this  article  had  not  been  enacted. 

Note. —  Solemnizing  unlawful  marriage  is  a  misdemeanor      Penal 
Law,  §  1450,  see  p.  392. 

§  13.  Marriage  licenses.  It  shall  be  necessary  for  all 
persons  intending  to  be  married  to  obtain  a  marriage 
license  from  the  town  or  city  clerk  of  the  town  or  city 
in  which  the  woman  to  be  married  resides  and  to 
deliver  said  license  to  the  clergyman  or  magistrate 
who  is  to  officiate  before  the  marriage  can  bp  per- 
formed. If  the  woman  or  both  parties  to  be  married 
are  non-residents  of  the  state  such  license  shall  be 
obtained  from  the  clerk  of  the  town  or  city  in  which 
the  marriage  is  to  be  performed;  or,  if  the  woman  to 
be  married  resides  upon  an  island  located  not  less  than 
fifty  miles  from  the  office  or  residence  of  the  town 
clerk  of  the  town  of  which  such  island  is  a  part,  and 
such  office  or  residence  is  not  on  such  island  such 
license  may  be  obtained  from  any  justice  of  the  peace 
residing  on  such  island,  and  such  justice,  in  respect  to 


328  The  Public  Health  Law 

powers  and  duties  relating  to  marriage  licenses,  shall 
be  subject  to  the  provisions  of  this  article  governing 
town  clerks  and  shall  file  all  statements  or  affidavits 
received  by  him  while  acting  under  the  provisions  of 
this  section  with  the  town  clerk  of  such  town.  (Am'd 
by  L.  1914,  ch.  230,  in  effect  April  8,  1914.) 

§  14.  Town  and  city  clerks  to  issue  marriage  licenses; 
form.  The  town  or  city  clerk  of  each  and  every  town 
or  city  in  this  state  is  hereby  empowered  to  issue 
marriage  licenses  to  any  parties  applying  for  the  same 
who  may  be  entitled  under  the  laws  of  this  state  to 
contract  matrimony,  authorizing  the  marriage  of  such 
parties,  which  license  shall  be  substantially  in  the 
following  form:* 

(Section  14  after  setting  forth  the  form  of  license, 
continues  as  follows:) 

There  shall  be  endorsed  upon  the  license  or  annexed 
thereto  at  the  end  thereof,  subscribed  by  the  clerk,  an 
abstract  of  the  facts  concerning  the  parties  as  dis- 
closed in  their  affidavits  or  verified  statements  at  the 
time  of  the  application  for  the  license  made  in  conform- 
ity to  the  provisions  of  section  fifteen  of  this  chapter. 

The  license  issued,  including  the  abstract  of  facts, 
and  the  certificates  duly  signed  by  the  person  who  shall 
have  solemnized  the  marriage  therein  authorized  shall 
be  returned  by  him  to  the  office  of  the  town  or  city 
clerk  who  issued  the  same  on  or  before  the  tenth  day 
of  the  month  next  succeeding  the  date  of  the  solemniz- 
ing of  the  marriage  therein  authorized  and  any  person 
or  persons  who  shall  wilfully  neglect  to  make  such 
return  within  the  time  above  required  shall  be  deemed 
guilty   of  a  misdemeanor  and  upon   conviction  thereof 


*  Form  is.  prescribed  and  set  forth  at  this  point  in  the  section _ 
Blanks  printed  according  to  this  form  are  furnished  county  clerks  for 
distribution  to  town  and  city  clerks.     See  section  21  herein. 


Extracts  from  Domestic  Relations  Law      329 

shall  be  punished  by  a  fine  of  not  less  than  twenty- 
five  dollars  or  more  than  fifty  dollars  for  each  and 
every   offense. 

§  15.  Duty  of  town  and  city  clerks.  It  shall  be  the 
duty  of  the  town  or  city  clerk  when  an  application 
for  a  marriage  license  is  made  to  him  to  require  each 
of  the  contracting  parties  to  sign  and  verify  a  state- 
ment or  affidavit  before  such  clerk  or  one  of  his  depu- 
ties, containing  the  following  information.  From  the 
groom:  Full  name  of  husband,  color,  place  of  resi- 
dence, age,  occupation,  place  of  birth,  name  of  father, 
country  of  birth,  maiden  name  of  mother,  country  of 
birth,  number  of  marriage.  From  the  bride:  Full 
name  of  bride,  place  of  residence,  color,  age,  occupation, 
place  of  birth,  name  of  father,  country  of  birth,  maiden 
name  of  mother,  country  of  birth,  number  of  marriage. 
The  said  clerk  shall  also  embody  in  the  statement  if 
either  or  both  of  the  applicants  have  been  previously 
married,  a  statement  as  to  whether  the  former  husband 
or  husbands  or  the  former  wife  or  wives  of  the  respec- 
tive applicants  are  living  or  dead  and  as  to  whether 
either  or  both  of  said  applicants  are  divorced  persons, 
if  so,  when  and  where  the  divorce  or  divorces  were 
granted  and  shall  also  embody  therein  a  statement 
that  no  legal  impediment  exists  as  to  the  right  of  each 
of  the  applicants  to  enter  into  the  marriage  state.  The 
town  or  city  clerk  is  hereby  given  full  power  and 
authority  to  administer  oaths  and  may  require  the 
applicants  to  produce  witnesses  to  identify  them  or 
either  of  them  and  may  also  examine  under  oath  or 
otherwise  other  witnesses  as  to  any  material  inquiry 
pertaining  to  the  issuing  of  the  license;  provided,  how- 
ever, that  in  cities  of  the  first  class  the  verified  state- 
ments and  affidavits  may  be  made  before  any  regular 
clerk  of  the  city  clerk's  office  designated  for  that  pur- 
pose by  the  city  clerk.  If  it  appears  from  the  affi- 
davits and  statements  so  taken,  that  the  persons  for 


330  The  Public  Health  Law 

whose  marriage  the  license  in  question  is  demanded 
are  legally  competent  to  marry,  the  said  clerk  shall 
issue  such  license,  except  in  the  following  cases.  If  it 
shall  appear  upon  an  application  of  the  applicants  as 
provided  in  this  section  that  the  man  is  under  twenty- 
one  years  of  age,  or  that  the  woman  is  under  the  age 
of  eighteen  years,  then  the  town  or  city  clerk  before 
he  shall  issue  a  license  shall  require  the  written  con- 
sent to  the  marriage  from  both  parents  of  the  minor 
or  minors  or  such  as  shall  then  be  living,  or  if  the 
parents  of  both  are  dead,  then  the  written  consent  of 
the  guardian  or  guardians  of  such  minor  or  minors.  If 
one  of  the  parents  has  been  missing  and  has  not  been 
seen  or  heard  from  for  a  period  of  one  year  preceding 
the  time  of  the  application  for  the  license,  although 
diligent  inquiry  has  been  made  to  learn  the  whereabouts 
of  such  parent,  the  town  or  city  clerk  may  issue  a 
license  to  such  minor  upon  the  sworn  statement  and 
consent  of  the  other  parent.  If  the  marriage  of  the 
parents  of  such  minor  has  been  dissolved  by  decree  of 
divorce  or  annulment,  the  consent  of  the  parent  to 
whom  the  court  which  granted  the  decree  has  awarded 
the  custody  of  such  minor  shall  be  sufficient.  If  there 
is  no  parent  or  guardian  of  the  minor  or  minors  living 
to  their  knowledge  then  the  town  or  city  clerk  shall 
require  the  written  consent  to  the  marriage  of  the 
person  under  whose  care  or  government  the  minor  or 
minors  may  be  before  a  license  shall  be  issued.  The 
parents,  guardians  or  other  persons  whose  consents  it 
shall  be  necessary  to  obtain  before  the  license  shall 
issue,  shall  personally  appear  before  the  town  or  city 
clerk  and  execute  the  same  if  they  are  residents  of  the 
state  of  New  York  and  physically  able  so  to  do.  If 
they  are  non-residents  of  the  state  required  consents 
may  be  executed  and  duly  acknowledged  without  the 
state,  but  the  consent  with  a  certificate  attached  show- 
ing the  authority  of  the  officer  to  take  acknowledgments 


Extracts  from  Domestic  Relations  Law      331 

must  be  duly  filed  with  the  town  or  city  clerk  before  a 
license  shall  issue.  Before  issuing  any  license  herein 
provided  for,  the  town  or  city  clerk  shall  be  entitled 
to  a  fee  of  one  dollar,  which  sum  shall  be  paid  by  the 
applicants  before  or  at  the  time  the  license  is  issued; 
and  all  such  fees  so  received  by  the  clerks  of  cities  shall 
be  paid  monthly  to  the  treasurer  of  the  city  wherein 
such  license  is  issued.  Any  town  or  city  clerk  who 
shall  issue  a  license  to  marry  any  persons  one  or  both 
of  whom  shall  not  be  at  the  time  of  the  marriage  under 
such  license  legally  competent  to  marry  without  first 
requiring  the  parties  to  such  marriage  to  make  such 
affidavits  and  statements  or  who  shall  not  require  the 
procuring  of  the  consents  provided  for  by  this  article, 
which  shall  show  that  the  parties  authorized  by  said 
license  to  be  married  are  legally  competent  to  marry 
shall  be  guilty  of  a  misdemeanor  and  on  conviction 
thereof  shall  be  fined  in  the  sum  of  one  hundred  dol- 
lars for  each  and  every  offense.  In  any  city  the  fees 
collected  for  the  issuing  of  a  marriage  license,  or  for 
solemnizing  a  marriage,  so  far  as  collected  for  services 
rendered  by  any  officer  or  employee  of  such  city,  shall 
be  paid  into  the  city  treasury  and  may  by  ordinance 
be  credited  to  any  fund  therein  designated,  and  said 
ordinance,  when  duly  enacted,  shall  have  the  force  of 
law  in  such  city.  (Am'd  by  L.  1912,  ch.  241,  in  effect 
April  10,  1912.) 

§  16.  False  statement  and  affidavits.  Any  person 
who  shall  in  any  affidavit  or  statement  required  or 
provided  for  in  this  act  wilfully  and  falsely  swear  in 
regard  to  any  material  fact  as  to  the  competency  of 
any  person  for  whose  marriage  the  license  in  question 
or  concerning  the  procuring  or  issuing  of  which  such 
affidavit  or  statement  may  be  made  shall  be  deemed 
guilty  of  perjury  and  on  conviction  thereof  shall  be 
punished  as  provided  by  the  statutes  of  this  state. 


332  The  Public  Health  Law 

§  17.  Clergyman  or  officer  violating  article;  penalty. 
If  any  clergyman  or  other  person  authorized  by  the 
laws  of  this  state  to  perform  marriage  ceremonies  shall 
solemnize  or  presume  to  solemnize  any  marriage  be- 
tween any  parties  without  a  license  being  presented  to 
him  or  them  as  herein  provided  or  with  knowledge  that 
either  party  is  legally  incompetent  to  contract  matri- 
mony as  is  provided  for  in  this  article  shall  be  guilty 
of  a  misdemeanor  and  on  conviction  thereof  shall  be 
punished  by  a  fine  not  less  than  fifty  dollars  nor 
more  than  five  hundred  dollars  or  by  imprisonment  for 
a  term  not  exceeding  one  year. 

Note. —  Solemnizing  unlawful  marriage  is  a  misdemeanor.  Penal 
Law,  §  1450,  see  p.  3)2. 

§  18.  Clergyman  or  officer;  when  protected.  Any  such 
clergyman  or  officer  as  aforesaid  to  whom  any  such 
license  duly  issued  may  come  and  not  having  personal 
knowledge  of  the  incompetency  of  either  party  therein 
named  to  contract  matrimony,  may  lawfully  solemnize 
matrimony  between  them. 

§  19.  Records  to  be  kept  by  town  and  city  clerks. 
Each  town  and  city  clerk  hereby  empowered  to  issue 
marriage  licenses  shall  keep  a  book  in  which  he  shall 
record  and  index  all  affidavits,  statements,  consents  and 
licenses  together  with  the  certificate  attached  showing 
the  performance  of  the  marriage  ceremony  which  book 
shall  be  kept  and  preserved  as  a  part  of  the  public 
records  of  his  office.  Whenever  an  application  is  made 
for  a  search  of  such  records  the  city  or  town  clerk  may 
make  such  search  and  furnish  a  certificate  of  the 
result  to  the  applicant  upon  the  payment  of  a  fee  of 
fifty  cents  for  a  search  of  one  year  and  a  further  fee 
of  ten  cents  for  each  additional  year,  which  fees  shall 
be  paid  in  advance  of  such  search.  On  or  before  the 
fifteenth  day  of  each  month  the  said  town  and  city 
clerk  shall  file  in  the  office  of  the  county  clerk  of  the 


Extracts  from  Domestic  Relations  Law      333 

county  in  which  said  town  or  city  is  situated  the  orig- 
inal of  each  affidavit,  statement,  consent,  license  and 
certificate,  which  have  been  filed  with  or  made  before 
him  during  the  preceding  month.  Ho  shall  not  be 
required  to  file  any  of  said  documents  until  the  license 
is  returned  with  the  certificate  showing  that  the  mar- 
riage to  which  tliey  refer  has  been  actually  performed. 
(Am'd  by  L.  1012.  ch.  241,  in  effect  April  10,  1012.) 

§  20.  Records  to  be  kept  by  the  county  clerk.  The 
county  clerk  of  each  county  except  the  counties  included 
within  the  city  of  Xew  York  shall  keep  a  copy  and 
index  in  a  book  kept  in  his  office  for  that  purpose 
of  each  statement,  affidavit,  consent  and  license,  to- 
gether with  a  copy  of  the  certificate  thereto  attached 
showing  the  performance  of  the  marriage  ceremony, 
filed  in  his  office.  During  the  first  twenty  days  of  the 
months  of  January,  April,  July  and  October  of  each 
year  the  county  clerk  shall  transmit  to  the  state 
department  of  health  at  Albany.  Xew  York,  all  original 
affidavits,  statements,  consents  and  licenses  with  cer- 
tificates attached  filed  in  his  office  during  the  three 
months  preceding  the  date  of  such  report,  also  all  orig- 
inal contracts  of  marriage  made  and  recorded  in  his 
office  during  such  period  entered  into  in  accordance 
with  subdivision  four  of  section  eleven  of  this  chapter, 
which  record  shall  be  kept  on  file  and  properly  indexed 
by  the  state  department  of  health.  The  services  ren- 
dered by  the  county  clerk  in  carrying  out  the  provisions 
of  this  article  shall  be  a  county  charge  except  in 
counties  where  the  county  clerk  is  a  salaried  officer 
in  which  case  they  shall  be  a  part  of  the  duties  of  his 
office.  (Am'd  by  L.  1015,  ch.  422,  in  effect  April  28, 
1915.) 

§  21.  Forms  and  books  to  be  furnished.  Blank 
forms  for  marriage  licenses  and  certificates  and  also 
the  proper  books  for   registration  ruled  for  the  items 


334  The  Public  Health  Law 

contained  in  said  forms  and  also  blank  statements  and 
affidavits  and  such  other  blanks  as  shall  be  necessary 
to  comply  with  the  provisions  of  this  article  shall  be 
prepared  by  the  state  board  of  health  and  shall  be 
furnished  by  said  department  at  the  expense  of  the 
state  to  the  county  clerk  of  the  various  counties  of  the 
state  in  quantities  needed  from  time  to  time,  and  the 
county  clerk  of  each  county  shall  distribute  them  to 
town  and  city  clerks  in  his  county  in  such  quantities 
as  their  necessities  shall  require.  The  expense  of  dis- 
tributing the  same  to  said  town  and  city  clerks  is 
hereby  made  a  county  charge. 

§  22.  Penalty  for  violation.  Any  town,  city  or 
county  clerk  who  shall  violate  any  of  the  provisions 
of  this  article  or  shall  fail  to  comply  therewith  shall 
be  deemed  guilty  of  a  misdemeanor  and  shall  pay  a 
fine  not  exceeding  the  sum  of  one  hundred  dollars  on 
conviction  thereof. 

§  23.  Presumptive  evidence.  Copies  of  the  records 
of  marriages  including  the  license  and  certificate  of 
marriage  and  all  other  records  pertaining  thereto  duly 
certified  by  the  clerk  of  the  county  where  the  same  are 
recorded  under  his  official  seal  shall  be  evidence  in  all 
courts. 

§  24.  Effect  of  marriage  of  parents  of  illegitimates. 
All  illegitimate  children  whose  parents  have  heretofore 
intermarried  or  who  shall  hereafter  intermarry  shall 
thereby  become  legitimatized  and  shall  become  legiti- 
mate for  all  purposes  and  entitled  to  all  the  rights  and 
privileges  of  legitimate  children;  but  an  estate  or 
interest  vested  or  trust  created  before  the  marriage  of 
the  parents  of  such  child  shall  not  be  divested  or 
affected  by  reason  of  such  child  being  legitimatized. 
Nothing  in  this  act  shall  be  deemed  or  construed  to 
in  any  manner  impair  or  affect  the  validity  of  any 
lawful  marriage  contract  made  before  the  passage  of 
this  article. 


Extract  from  Drainage  Law  335 

§  25.  License;  when  to  be  obtained.  The  provisions 
of  this  article  pertaining  to  the  granting  of  the  licenses 
before  a  marriage  can  be  lawfully  celebrated  apply  to 
all  persons  who  assume  the  marriage  relation  in  accord- 
ance with  subdivision  four  of  section  eleven  of  this 
chapter.  Nothing  in  this  article  shall  be  construed  to 
render  void  by  reason  of  a  failure  to  procure  a  mar- 
riage license  any  marriage  solemnized  between  persons 
of  full  age  nor  render  void  any  marriage  between 
minors  or  with  a  minor  under  the  legal  age  of  con- 
sent where  the  consent  of  parent  or  guardian  has  been 
given  and  such  marriage  shall  be  for  such  cause  void- 
able only  as  to  minors  or  a  minor  upon  complaint  of 
such  minors  or  minor  or  of  the  parent  or  guardian 
thereof. 

EXTRACT  FROM  DRAINAGE  LAW 

(L.  1909,  ch.  20  —  cons.  ch.  15  of  Cons.  L.) 

Procedure  for  draining  low  and  wet  lands  for  the  pro- 
tection of  the  public  health. 

§  2.  Petition  for  drainage;  who  may  make  and  to 
what  court.  Any  person  owning  or  possessing  any 
swamp,  bog,  meadow,  or  other  low  or  wet  lands  within 
this  state,  who  shall  be  desirous  to  drain  the  same  in  the 
interest  of  public  health  or  for  their  improvement  for 
agricultural  purposes  and  who  shall  deem  it  necessary  in 
order  thereto  that  a  ditch  or  ditches  or  other  channels 
for  the  free  passage  of  water  should  be  opened  through 
lands  belonging  to  another  person,  or  any  person  whom- 
soever who  shall  deem  it  necessary  for  the  public  health 
that  any  such  swamp,  bog  or  meadow  or  low  or  wet 
land  should  be  drained,  or  that  the  outlet  of  any  pond 
should  be  deepened  or  cleaned  out  so  as  to  permit  the 
free  passage  of  water  of  such  pond  to  such  outlet,  may 
present  a  petition  duly  verified,  to  the  county  court  of 
the  county  in  whjch  such  lands  lie,  or  in  case  the  same 


336  The  Public  Health  Law 

are  situated  in  more  than  one  county,  to  the  supreme 
court,  setting  forth  the  facts  in  the  names  of  the  owners 
of  all  the  lands  to  be  affected  by  the  proceedings,  so 
far  as  the  same  can  with  reasonable  diligence  be  ascer- 
tained, and  praying  for  the  appointment  of  three  com- 
missioners for  the  purposes  and  with  the  powers  here- 
after set  forth.  The  application  provided  for  by 
this  section  may  be  made  by  the  supervisor  of  any 
town  on  behalf  of  the  town,  or  by  the  president  of  the 
board  of  trustees  of  any  incorporated  village  on  behalf 
of  said  village.  (Am'd  L.  1910,  ch.  62-4,  in  effect  June 
23,  1910.) 

EXTRACTS  FROM  EDUCATION  LAW 

(L.    1909,  ch.  21,  cons.  ch.   16  Cons.  Laws) 

ARTICLE  IV 

Duties  of  school  authorities  as  to  enforcing  laws. 

§  95.  Removal  of  school  officers;  withholding  public 
money.  1.  Whenever  it  shall  be  proved  to  his  satisfac- 
tion that  any  trustee,  member  of  a  board  of  education, 
clerk,  collector,  treasurer,  school  commissioner,  super- 
intendent of  schools  or  other  school  officer  has  been 
guilty  of  any  wilful  violation  or  neglect  of  duty  under 
this  chapter,  or  any  other  act  pertaining  to  common 
schools  or  other  educational  institution  participating 
in  state  funds,  or  wilfully  disobeying  any  decision, 
order  or  regulation  of  the  regents  or  of  the  commissioner 
of  education,  said  commissioner  may,  by  an  order  under 
Lis  hand  and  seal,  which  order  shall  be  recorded  in  his 
office,  remove  such  school  officer  from  his  office. 

2.  Said  commissioner  of  education  may  also  withhold 
from  any  district  or  city  its  share  of  the  public  money 
of  the  state  for  wilfully  disobeying  any  provision  of 
law  or  any  decision,  order  or  regulation  as  aforesaid.* 


♦See  §  310  of   Public  Health  Law  requiring  the  trustees  or  other 
officers  in  control  of  schools  to  refuse  to  admit  children  not  vaccinated- 


Extracts  from  Education  Law  337 

ARTICLE  V 
School  buildings   and   sites 

§  111.  Plans  and  specifications  of  new  buildings  must 
be  approved  by  commissioner  of  education.  1.  No 
schoolhouse  shall  hereafter  be  erected  in  any  city  of 
the  third  class  or  in  any  incorporated  village  or  school 
district,  and  no  addition  to  a  school  building  in  any 
such  place  shall  thereafter  be  erected,  the  cost  of 
which  shall  exceed  five  hundred  dollars,  until  the  plans 
and  specifications  for  the  same  shall  have  been  sub- 
mitted to  the  commissioner  of  education  and  his  ap- 
proval indorsed  thereon.  Such  plans  and  specifications 
shall  show  in  detail  the  ventilation,  heating  and  light- 
ing of  such  buildings. 

2.  Such  commissioner  of  education  shall  not  approve 
any  plans  for  the  erection  of  any  school  building  or 
addition  thereto  unless  the  same  shall  provide  at  least 
fifteen  square  feet  of  floor  space  and  two  hundred  cubic 
feet  of  air  space  for  each  pupil  to  be  accommodated  in 
each  study  or  recitation  room  therein,  and  no  such 
plans  shall  be  approved  by  him  unless  provision  is  made 
therein,  for  assuring  at  least  thirty  cubic  feet  of  pure 
air  every  minute  per  pupil,  and  the  facilities  for  ex- 
hausting the  foul  or  vitiated  air  therein  shall  be  positive 
and  independent  of  atmospheric  changes. 

3.  *     *     * 

§  116.  Provision  for  outbuildings.  1.  The  trustees  in 
the  several  school  districts  shall  provide  suitable  and 
convenient  water-closets  or  privies  for  each  of  the 
schools  under  their  charge,  at  least  two  in  number, 
which  shall  be  entirely  separated  each  from  the  other, 
and  having  separate  means  of  access,  and  the  approaches 
thereto  shall  be  separated  by  a  substantial  close  fence 
not  less  than  seven  feet  in  height.  It  shall  be  the  duty 
of  the  trustees  aforesaid  to  keep  the  same  in  a  clean 


33  S  The  Public  Health  Law 

and  wholesome  condition,  and  a  failure  to  comply  with 
the  foregoing  provisions  of  this  section  on  the  part  of 
such  trustees  shall  be  sufficient  ground  for  their  removal 
from  office,  and  for  withholding  from  the  district  any 
share  of  the  public  moneys  of  the  state.  Any  expense 
incurred  by  such  trustees  in  carrying  out  the  require- 
ments of  this  section  shall  be  a  charge  upon  the  district, 
when  such  expense  shall  have  been  approved  by  the 
school  commissioner  of  the  district  within  which  the 
school  district  is  located,  and  a  tax  may  be  levied  there- 
for without  a  vote  of  the  district. 

2.  The  board  of  education  of  any  union  free  school 
district  or  of  a  city  shall  provide  and  maintain  suitable 
and  convenient  water-closets  or  privies  for  each  of  the 
schools  under  their  charge,  at  least  two  in  number,  and 
in  conformity  with  the  provisions  and  penalties  of  this 
section.  Any  expense  incurred  by  said  board  in  carrying 
out  the  foregoing  provisions  shall  be  a  charge  upon  the 
district;  and  a  tax  may  be  levied  therefor  without  a 
vote  of  the  district. 

ARTICLE  XX 

§  535.  Attendance  officers.  1.  The  school  authorities 
of  each  city,  union  free  school  district,  or  common 
school  district  whose  limits  include  in  whole  or  in  part 
an  incorporated  village,  shall  appoint  and  may  remove 
at  pleasure  one  or  more  attendance  officers  of  such  city 
or  district,  and  shall  fix  their  compensation  and  may 
prescribe  their  duties  not  inconsistent  with  this  article 
and  make  rules  and  regulations  for  the  performance 
thereof;  and  the  superintendent  of  schools  shall  super- 
vise the  enforcement  of  this  article  within  such  city  or 
school  district. 

2.  The  town  board  of  each  town  shall  appoint,  subject 
to  the  written  approval  of  the  school  commissioner  of 
the  district,  one  or  more  attendance  officers,  whose 
jurisdiction  shall  extend  over  all  school  districts  in  said 


Extracts  from  Education  Law  339 

town,  and  which  are  not  by  this  section  otherwise  pro- 
vided for,  and  shall  fix  their  compensation,  which  shall 
be  a  town  charge;  and  such  attendance  officers,  ap- 
pointed by  said  board,  shall  be  removable  at  the  pleasure 
of  the  school  commissioner  in  whose  commissioner's  dis- 
trict such  town  is  situated.  (Thus  am'd  by  L.  1909, 
oh.  409,  in  effect  May  20,  1909.) 

ARTICLE  XX-A 
Medical  inspection  for  public  school  pupils. 

Section  570.  Medical  inspection  to  be  provided. 

571.  Employment   of   medical   inspector. 

572.  Pupils  to  furnish  health  certificates. 

573.  Examination  by  medical  inspector. 

574.  Eecord  of  examinations;  eye  and  ear  tests. 

575.  Existence    of    contagious    diseases;    return 

after   illness. 

576.  Enforcement  of  law. 

577.  State  medical  inspection  of  schools. 

§  570.  Medical  inspection  to  be  provided.  Medical 
inspection  shall  be  provided  for  all  pupils  attending 
the  public  schools  in  this  state,  except  in  cities  of  the 
first  class,  as  provided  in  this  article.  Medical  inspec- 
tion shall  include  the  services  of  a  trained  registered 
nurse,  if  one  is  employed,  and  shall  also  include  such 
services  as  may  be  rendered  as  provided  herein  in  exam- 
ining pupils  for  the  existence  of  disease  or  physical 
defects  and  in  testing  the  eyes  and  ears  of  such  pupils. 
(Added  by  L.  1913,  ch.  627,  in  effect  Aug.  1,  1913.) 

§  571.  Employment  of  medical  inspectors.  The  board 
of  education  in  each  city  and  union  free  school  district, 
and  the  trustee  or  board  of  trustees  of  a  common  school 
district,  shall  employ,  at  a  compensation  to  be  agreed 
upon  by  the  parties,  a  competent  physician  as  a  medical 
inspector,  to  make  inspections  of  pupils  attending  the 


340  The  Public  Health  Law 

public  schools  in  the  city  or  district.  If  appointed  by 
a  board  of  education  of  a  city  such  physician  shall 
reside  within  the  city.  The  physicians  so  employed 
shall  be  legally  qualified  to  practice  medicine  in  this 
state,  and  shall  have  so  practiced  for  a  period  of  at 
least  two  years  immediately  prior  to  such  employment. 
Any  such  board  of  trustees  may  employ  one  or  more 
school  nurses,  who  shall  be  registered  trained  nurses 
and  authorized  to  practice  as  such.  Such  nurses  when 
so  employed  shall  aid  the  medical  inspector  of  the  dis- 
trict and  shall  perform  such  duties  for  the  benefit  of  the 
public  schools  as  may  be  prescribed  by  such  inspector. 

A  medical  inspector  or  school  nurse  may  be  employed 
by  the  trustees  or  boards  of  education  of  two  or  more 
school  districts,  and  the  compensation  of  such  inspector, 
and  the  expenses  incurred  in  making  inspections  of 
pupils  as  provided  herein,  shall  be  borne  jointly  by 
such  districts,  and  be  apportioned  among  them  accord- 
ing to  the  assessed  valuation  of  the  taxable  property 
therein. 

In  cities  and  union  free  school  districts  having  more 
than  five  thousand  inhabitants,  the  board  of  education 
may  employ  such  additional  medical  inspectors  as  may 
be  necessary  to  properly  inspect  the  pupils  in  the 
school  in  such  cities  and  union  free  school  district. 

The  trustees  of  a  common  school  district  or  the  board 
of  education  of  a  union  free  school  district  whose 
boundaries  are  coterminous  with  the  boundaries  of  an 
incorporated  village  shall,  in  the  employment  of  medical 
inspectors,  employ  the  health  officer  of  the  town  in 
which  such  common  school  district  is  located  or  the 
health  officer  of  such  union  free  school  district,  so  far 
as  may  be  advantageous  to  the  interests  of  such  dis- 
trict. (Added  by  L.  1913,  ch.  627,  and  amd.  by  L. 
1916,  ch.   182,  in  effect  April  11,  1916.) 

§  672.  Pupils  to  furnish  health  certificates.  A  health 
certificate  shall  be  furnished  by  each  pupil  in  the  public 


EXTBAOTS    FROM    EDUCATION    LAW  341 

schools  upon  his  entrance  in  such  schools,  and  there- 
after at  the  opening  of  such  schools  at  the  beginning  of 
each  school  year.  Each  certificate  shall  be  signed  by 
a  duly  licensed  physician  who  i3  authorized  to  practice 
medicine  in  this  state,  and  shall  describe  the  condition 
of  the  pupil  when  the  examination  was  made,  which 
shall  not  be  more  than  thirty  days  prior  to  the  presen 
tation  of  such  certificate,  and  state  whether  such  pupil 
is  in  a  fit  condition  of  bodily  health  to  permit  his  or 
her  attendance  at  the  public  schools.  Such  certificate 
shall  be  submitted  within  thirty  days  to  the  principal 
or  teacher  having  charge  of  the  school  and  shall  be 
filed  with  the  clerk  of  the  district.  If  such  pupil  does 
not  present  a  health  certificate  as  herein  required,  the 
principal  or  teacher  in  charge  of  the  school  shall  cause 
a  notice  to  be  sent  to  the  parents  of  such  pupil  that  if 
the  required  health  certificate  is  not  furnished  within 
thirty  days  from  the  date  of  such  notice,  an  examina- 
tion will  be  made  of  such  pupil  as  provided  herein. 
(Added  by  L.   1913,  ch.  627,  in  effect  Aug.  1,  1913.) 

§  573.  Examination  by  medical  inspectors.  Each 
principal  or  teacher  in  charge  of  a  public  school  shall 
report  to  the  medical  inspector  having  jurisdiction  over 
such  school  the  names  of  all  pupils  who  have  not  fur- 
nished health  certificates  as  provided  in  the  preceding 
section,  and  the  medical  inspector  shall  cause  such 
pupils  to  be  separately  and  carefully  examined  and 
tested  to  ascertain  whether  any  of  them  are  suffering 
from  defective  sight  or  hearing,  or  from  any  other 
physical  disability  tending  to  prevent  them  from  re- 
ceiving the  full  benefit  of  school  work,  or  requiring  a 
modification  of  such  work  to  prevent  injury  to  the 
pupils  or  to  receive  the  best  educational  results.  If  it 
be  ascertained  upon  such  test  or  examination  that  any 
of  such  pupils  are  inflicted  with  defective  sight  or  hear- 
ing or  other  physical  disability  as  above  described  the 
principal  or  teacher,  having  charge  of  such  school,  shall 


342  The  Public  Health  Law 

notify  the  parents  or  other  persons  with  whom  such 
pupils  are  living,  as  to  the  existence  of  such  defects 
and  physical  disability.  If  the  parents  or  guardians 
are  unable  or  unwilling  to  provide  the  necessary  relief 
and  treatment  for  such  pupils,  such  fact  shall  be  re- 
ported by  the  principal  or  teacher  to  the  medical  in- 
spector, whose  duty  it  shall  be  to  provide  relief  for  such 
pupils.  (Added  by  L.  1913,  ch.  627,  in  effect  Aug.  1, 
1913.) 

§  574.  Record  of  examinations;  eye  and  ear  tests. 
Medical  inspectors  or  principals  and  teachers  in  charge 
of  public  schools  shall  make  eye  and  ear  tests  of  the 
pupils  in  such  schools  at  least  once  in  each  school  year. 
The  state  commissioner  of  health  shall  prescribe  the 
method  of  making  such  tests,  and  shall  furnish  general 
instruction  in  respect  to  such  tests.  The  commis- 
sioner of  education,  after  consultation  with  the  state 
commissioner  of  health,  shall  prescribe  and  furnish  to 
the  school  authorities  suitable  rules  of  instruction  as  to 
tests  and  examinations  made  as  provided  in  this  article, 
together  with  test  cards,  blanks,  record  books  and  other 
useful  appliances  for  carrying  out  the  purposes  of  this 
article.  The  commissioner  of  education  shall  provide 
for  pupils  in  the  normal  schools,  city  training  schools 
and  training  classes  instruction  and  practice  in  the  best 
methods  of  testing  the  sight  and  hearing  of  children. 
(Added  by  L.   1913,  ch.  627,  in  effect  Aug.  1,  1913.) 

§  575.  Existence  of  contagious  diseases;  return  after 
illness.  Whenever  upon  investigation  a  pupil  in  the 
public  schools  shows  symptoms  of  small-pox,  scarlet 
fever,  measles,  chicken-pox,  tuberculosis,  diphtheria,  in- 
fluenza, tonsilitis,  whooping-cough,  mumps,  scabies  or 
trachoma,  he  shall  be  excluded  from  the  school  and  sent 
to  his  home  immediately,  in  a  safe  and  proper  convey- 
ance, and  the  health  officer  of  the  city  or  town  shall 
be  immediately  notified  of  the  existence  of  such  disease. 


EXTRACTS    FROM    EDUCATION    LAW  343 

The  medical  inspector  shall  examine  each  pupil  return- 
ing to  a  school  without  a  certificate  from  the  health 
officer  of  the  city  or  town,  or  the  family  physician,  after 
absence  on  account  of  illness  or  from  unknown  cause. 

Such  medical  inspectors  may  make  such  examinations 
of  teachers,  janitors  and  school  buildings  as  in  their 
opinion  the  protection  of  the  health  of  the  pupil  and 
teachers  may  require.  (Added  by  L.  1913,  ch.  627,  in 
effect  Aug.   1,   1913.) 

{  576.  Enforcement  of  law.  It  shall  be  the  duty 
of  the  commissioner  of  education  to  enforce  the  pro- 
visions of  this  article,  and  he  may  adopt  such  rules 
and  regulations  not  inconsistent  herewith,  after  con- 
sultation with  the  state  commissioner  of  health,  for 
the  purpose  of  carrying  into  full  force  and  effect  the 
objects  and  intent  of  this  article. 

He  may,  in  his  discretion,  withhold  the  public  money 
from  a  district  which  willfully  refuses  or  neglects  to 
comply  with  this  article,  and  the  rules  and  regulations 
made  hereunder.  (Added  by  L.  1913,  ch.  627,  in  effect 
Aug.    1,   1913.) 

§  577.  State  medical  inspection  of  schools.  The 
commissioner  of  education  shall  appoint  a  competent 
physician  who  has  been  in  the  actual  practice  of  his 
profession  for  a  period  of  at  least  five  years,  as  state 
medical  inspector  of  schools.  The  state  medical  in- 
spector of  schools,  under  the  supervision  of  the  com- 
missioner of  education,  shall  perform  such  duties  as 
may  be  required  for  carrying  out  the  provisions  of  this 
article.  The  said  medical  inspector  shall  be  appointed 
in  the  same  manner  as  other  employees  of  the  education 
department.  (Added  by  L.  1913,  ch.  627,  in  effect  Aug. 
1,  1913.) 


344  The  Public  Health  Law 

Requiring  parents  and  guardians  to  compel  children  to 
attend  school. 

§  624.  Duties  of  persons  in  parental  relation  to 
children.  Every  person  in  parental  relation  to  a  child 
within  the  compulsory  school  ages  and  in  proper  phy- 
sical and  mental  condition  to  attend  school,  shall  cause 
such  child  to  attend  upon  instruction,  as  follows: 

1.  In  cities  and  school  districts  having  a  population  of 
five  thousand  or  above,  every  child  between  seven  and 
sixteen  years  of  age  as  required  by  section  six  hundred 
and  twenty-one  of  this  act  unless  an  employment  cer- 
tificate shall  have  been  duly  issued  to  such  child  under 
the  provisions  of  the  labor  law  and  he  is  regularly  em- 
ployed thereunder. 

2.  Elsewhere  than  in  a  city  or  school  district  having 
a  population  of  five  thousand  or  above,  every  child  be- 
tween eight  and  sixteen  years  of  age,  unless  such  child 
shall  have  received  an  employment  certificate  duly 
issued  under  the  provisions  of  the  labor  law  and  is 
regularly  employed  thereunder  in  a  factory  or  mercan- 
tile establishment,  business  or  telegraph  office,  restau- 
rant, hotel,  apartment  house  or  in  the  distribution  or 
transmission  of  merchandise  or  messages,  or  unless  such 
child  shall  have  received  the  school  record  certificate 
issued  under  section  six  hundred  and  thirty  of  this  act 
and  is  regularly  employed  elsewhere  than  in  the  factory 
or  mercantile  establishment,  business  or  telegraph  office, 
restaurant,  hotel,  apartment  house  or  in  the  distribution 
or  transmission  of  merchandise  or  messages. 

Penalty  where  parents  do  not  compel  children  to  attend 
school. 

§  025.  Penalty  for  failure  to  perform  parental  duty. 
A  violation  of  section  six  hundred  and  twenty-four 
shall  be  a  misdemeanor,  punishable  for  the  first 
offense  by  a  fine  not  exceeding  five  dollars,  or  five  days'. 


EXTBAOTS  FROM   GeOTSRAL  BUSINESS  LAW  345 

imprisonment,  and  for  each  subsequent  offense  by  a  fine 
not  exceeding  fifty  dollars,  or  by  imprisonment  not  ex- 
ceeding thirty  days,  or  by  both  such  fine  and  imprison- 
ment. Courts  of  special  session  and  police  magistrates 
shall,  subject  to  removal  as  provided  in  sections  fifty- 
seven  and  fifty-eight  of  the  code  of  criminal  procedure, 
have  exclusive  jurisdiction  in  the  first  instance  to  hear, 
try  and  determine  charges  of  violations  of  this  section 
within  their  respective  jurisdictions.* 

EXTRACTS   FROM    GENERAL   BUSINESS    LAW 

(L.   1909,  ch,  25,  const,  ch.  20  of  Cons.  Laws.) 

State  board  of  health  to  prescribe  tests  for  illuminating 
oils. 

§  304.  Standard  and  storage  of  illuminating  oils. 
ISTo  person  shall  manufacture  or  have  in  his  possession 
or  sell  or  give  away  for  illuminating  or  heating  pur- 
poses in  lamps  or  stoves  within  this  state,  any  oil  or 
burning  fluid  wholly  or  partly  composed  of  naphtha, 
coal  oil,  petroleum  or  products  thereof,  or  of  other  sub- 
stances or  materials  emitting  an  inflammable  vapor 
which  will  flash  at  a  temperature  below  one  hundred 
degrees  Fahrenheit,  according  to  the  instruments  and 
tests  approved  by  the  state  board  of  health. 

No  such  oil  or  fluid  which  will  ignite  at  a  tempera- 
ture below  three  hundred  degrees  Fahrenheit  shall  be 
burned  or  be  carried  as  freight  in  any  passenger  or 
baggage  car  or  passenger  boat  moved  by  steam  or 
electric  power  in  this  state,  or  in  any  stage  or  street 
car,  however  propelled,  except  that  coal  oil,  petroleum 
and  its  products  may  be  carried,  when  securely  packed 


*  See  People  v.  Ekerold  (1914),  211  N.  Y.  3S6,  which  holds 
that  a  parent  keeping  his  child  out  of  school  by  a  refusal  to 
have  the  child  vaccinated,  so  that  the  school  authorities  can- 
not admit  the  child,  is  subject  to  these  penalties.  Also  see 
Shappee  v.  Curtis  (1911),  142  App.  Div.  155,  127  N.  T.  Supp. 
33. 


346  The  Public  Health  Law 

in  barrels  or  metallic  packages,  in  passenger  boats  pro- 
pelled by  steam  when  there  are  no  other  public  means 
of  transportation. 

The  state  board  of  health  shall  prescribe  the  tests 
and  instruments  by  which  such  oils  and  fluids  shall  be 
tested,  and  shall  adopt  such  measures  to  enforce  the 
provisions  of  this  section  and  such  rules  and  regula- 
tions for  collecting,  examining  and  testing  samples  of 
such  oils  and  fluids  as  to  them  may  seem  necessary. 
The  public  analysts  employed  by  or  under  the  direction 
of  such  board  shall  test  the  samples  of  such  oils  and 
fluids  as  may  be  submitted  to  them  under  the  rules  of 
the  board,  for  which  they  shall  receive  such  reasonable 
compensation  as  the  board  may  allow. 

Naphtha  and  other  illuminating  products  of  petro- 
leum which  will  not  stand  the  flash  test  required  by 
this  section,  may  be  used  for  illuminating  or  heating 
purposes  only  in  the  following  cases: 

1.  In  street  lamps  and  open  air  receptacles  apart 
from  any  building,  factory  or  inhabited  house  in  which 
the  vapor  is  burned. 

2.  In  dwellings,  factories  or  other  places  of  business 
when  vaporized  in  secure  tanks  or  metallic  generators 
made  for  that  purpose,  in  which  the  vapor  so  generated 
is  used  for  lighting  or  heating. 

3.  For  use  in  the  manufacture  of  illuminating  gas  in 
gas  manufactories  situated  apart  from  dwellings  and 
other  buildings. 

Any  person  violating  any  provision  of  this  section 
shall  forfeit  to  the  city  or  village,  or  if  not  in  a  city  or 
village  to  the  town  in  which  the  violation  occurs,  the 
sum  of  one  hundred  dollars  for  every  such  violation, 
and  for  every  day  or  part  of  a  day  that  such  violation 
occurs. 

This  section  shall  not  apply  to  the  city  of  New  York, 
and  shall  not  supersede  but  shall  be  in  addition  to  the 
ordinances  or  regulations  of  any  city  or  village  made 


Extract  from  General   City  Law  347 

pursuant  to  law  for  the  inspection  or  control  of  com- 
bustible materials   therein. 

EXTRACT  FROM  GENERAL  CITY  LAW 
ARTICLE   IV 

§  45 -b.  Further  requirements  relating  to  the  business 
of  plumbing.  1.  No  person  otherwise  qualified  shall 
engage  in  the  trade,  business  or  calling  of  a  plumber  or 
of  plumbing  in  a  city  of  this  state  as  employing  or 
master  plumber  until  he  has  first  procured  from  the 
board  or  department  of  health  in  such  city  or  in  the 
city  of  New  York,  from  the  examining  board  of 
plumbers  a  metal  plate  or  sign  appropriately  lettered 
or  marked  "  licensed  plumber ; "  such  plate  or  sign  to 
be  conspicuously  posted  in  the  window  of  the  place 
where  such  business  is  conducted.  Any  person  retir- 
ing, abandoning  or  not  actually  engaged  in  such  trade, 
business  or  calling  hereinbefore  mentioned,  shall  sur- 
render to  the  board  or  department  of  health  of  the 
city,  or  in  the  city  of  New  York,  to  the  examining 
board  of  plumbers  such  metal  plate  or  sign  and  shall  net 
again  engage  in  such  trade,  business  or  calling  until 
he  has  again  procured  a  metal  sign  as  herein  provided. 

2.  Within  thirty  days  after  this  section  takes  effect, 
the  board  or  department  of  health  in  every  city  of  this 
state  and  in  the  city  of  New  York,  the  examining  board 
of  plumbers  shall  prepare  metal  plates  or  signs,  at 
least  fourteen  inches  wide  and  not  less  than  twenty-two 
inches  in  length  appropriately  lettered  or  marked 
"  licensed  plumber/'  the  lines  of  each  letter  to  be  four 
inches  long  and  five-eighths  of  an  inch  wide;  suc!i 
plate  or  sign  shall,  on  some  part  thereof,  contain  an 
identification  number,  which  number  together  with  the 
name  and  location  of  the  place  of  business  of  the 
person  to  whom  issued  shall  be  recorded  in  the  office 
of  such  board  or  department  of  health  or  such  exam- 


348  The  Public  Health  Law 

• 

ining  board  of  plumbers  in  the  city  of  New  York. 
Every  person  now  actually  engaged  or  about  to  engage 
in  the  trade,  business  or  calling  of  a  plumber  or  of 
plumbing  as  employing  or  master  plumber,  who  has 
otherwise  complied  with  the  provisions  of  law  relating 
to  the  conduct  of  such  business  upon  the  payment  of 
five  dollars  to  the  board  or  department  of  health  of 
such  city  or  in  the  city  of  New  York  to  the  examining 
board  of  plumbers  shall  have  issued  to  him  a  sign  or 
plate  hereinbefore  described.  Any  person  to  whom  such 
plate  or  sign  has  been  issued  who  shall  loan,  rent,  sell 
or  transfer  the  same  to  another  person  whether  such 
person  be  entitled  to  receive  a  similar  plate  or  sign  or 
not,  or  otherwise  wilfully  violates  the  provisions  of  this 
section  forfeits  his  license  and  certificate  of  qualifica- 
tions and  shall  be  guilty  of  a  misdemeanor  punishable 
by  a  fine  of  not  exceeding  fifty  dollars  for  the  first 
offense,  and  not  less  than  one  hundred  nor  more  than 
five  hundred  for  a  subsequent  offense. 

The  provisions  of  this  section  shall  apply  to  all  cities 
of  the  state,  including  the  city  of  New  York.  (Added 
by  L.  1916,  ch.  305,  in  effect  Sept.  1,  1916.) 

EXTRACTS  FROM  GENERAL  MUNICIPAL  LAW 

(L.  1909,  ch.  29,  const,  ch.  24  of  Cons.  Laws.) 
§  81.  Peddling  and  hawking  farm  produce.  The 
governing  board  of  a  municipal  corporation  shall  not  by 
ordinance  or  otherwise  regulate  or  prohibit  the  pur- 
suit or  exercise  of  hawking  and  peddling  farm  produce 
except  hay  and  straw  within  the  limits  of  any  such 
municipal  corporation,  if  such  farm  produce  is  hawked 
or  peddled  by  the  producer  thereof,  or  his  servants  or 
employees;  nor  shall  the  governing  board  of  any  such 
municipal  corporation  pass  an  ordinance  requiring  such 
producer  of  farm  produce  to  secure  a  license  for  peddling 
and  hawking   such   farm  produce  within  the  limits  of 


Extracts  from  General  Municipal  Law      349 

such  municipal  corporation.  Nothing  contained  herein 
shall  affect  any  pending  action  or  proceeding  to  recover 
penalties  imposed  for  violations  of  existing  ordinances 
and  regulations.  Nothing  in  this  section  shall  be  con- 
strued to  permit  wagons  from  which  farm  products  is 
sold  to  stand  in  front  of  stores  or  private  residences 
for  a  longer  time  than  may  be  necessary  for  the  sale 
and  delivery  of  produce  purchased  by  the  occupants  of 
such  stores  or  residences;  nor  to  permit  the  congregat- 
ing of  such  wagons  upon  any  street  or  thoroughfare  not 
set  apart  by  the  municipality  as  a  public  market  for 
the  sale  of  farm  produce.  This  section  shall  not  apply 
to  cities  of  the  first  class. 

Workshop  in  connection  with  tuberculosis  hospitals. 
§  13'5-a.  Any  municipal  corporation  maintaining  a 
hospital  or  a  sanatorium  for  the  treatment  of  tubercu- 
losis may  establish  and  maintain  workshops  in  connec- 
tion therewith  for  the  production  of  articles  or  supplies 
required  by  such  hospital  or  sanatorium,  or  by  any 
other  institution  or  department  of  such  municipality. 
Except  in  a  supervisory  capacity  no  person  shall  be 
employed  in  such  workshop  or  workshops  unless  he  is 
or  shall  have  been  a  patient  suffering  from  tuberculosis 
in  such  hospital  or  sanatorium.  The  appropriate  mu- 
nicipal authorities  may  appropriate  or  provide  funds 
for  the  establishment  and  maintenance  of  the  said  work- 
shops in  the  same  manner  as  for  the  establishment  and 
maintenance  of  such  hospitals  or  sanatoria.  Notwith- 
standing the  provisions  of  the  prison  law  in  relation  to 
the  sale  of  articles  manufactured  in  the  state  prisons, 
the  products  of  such  workshop  may  be  used  in  such 
hospital  or  sanatorium  or  by  any  other  institution  or 
department  of  such  municipality.  Such  workshops  shall 
be  under  the  direction  and  control  of  the  municipal 
authority  having  direction  and  control  of  the  hospital 
or  sanatorium  to  which  they  may  be  attached.  (Added 
by  L.  1913,  ch.  341,  in  effect  April  19,  1913.) 


350  The  Public  Health  Law 

EXTRACTS  FROM  INSANITY  LAW 

(L.  1909,  ch.  32,  cons.  ch.  27  of  Cons.  Laws.) 

§  20.  State  hospital  and  care  of  insane;  commission 
shall  advise  with  health  officer  as  to  detention  of  insane 
persons.  The  commission  is  charged  with  the  duty  of 
seeing  that  the  laws  relating  to  the  detention,  care  and 
treatment  of  insane  or  apparently  insane  persons  who 
are  under  examination  as  to  their  sanity  or  who  are 
detained  or  confined  pending  commitment  and  prior  to 
their  transfer  to  institutions  for  the  insane,  are  exe- 
cuted.    The  commission  shall: 

1.  Make  recommendations  to  and  advise  with  health 
officers  and  other  officers  having  duties  to  perform  in 
respect  to  the  detention,  care  and  treatment  of  such 
insane  or  apparently  insane  persons,  as  to  the  perform- 
ance of  such  duties  and  as  to  the  requirements  of  places 
in  which  such  persons  are  to  be  detained,  and  relating 
generally  to  the  protection  and  promotion  of  the  physi- 
cal and  mental  welfare  of  such  persons. 

2.  Visit  or  cause  to  be  visited  and  inspected  build- 
ings, rooms  or  other  places  permanently  established  in 
any  city,  village  or  town,  as  provided  by  law,  for  the 
detention  or  confinement  of  insane  or  apparently  insane 
persons,  pending  an  examination  as  to  their  sanity,  and 
prior  to  their  transfer  to  an  institution  for  the  insane. 

3.  Examine  into  the  qualifications  of  persons  em- 
ployed as  provided  by  law  in  the  care  of  insane  or 
apparently  insane  persons,  pending  their  examination, 
commitment  and  transfer,  and  recommend  the  discharge, 
for  reasons  stated  in  writing,  of  persons  so  employed 
who  are  found  by  the  commission  to  be  incompetent. 

4.  Employ  a  medical  inspector  and  such  other  persons 
as  may  be  necessary  to  carry  into  effect  the  purposes  of 
this  section. 


EXTBACTS    FEOM    INSANITY    LAW  351 

If  upon  an  inspection,  made  as  authorized  by  this  sec- 
tion, it  shall  be  ascertained  that  any  building,  room  or 
place  established  and  regularly  used  in  any  city,  town 
or  village  for  the  detention  and  confinement  of  insane 
or  apparently  insane  persons  pending  examination  and 
commitment,  and  prior  to  transfer,  does  not  conform 
to  the  requirements  of  law,  or  if  the  care  and  treatment 
of  persons  confined  therein  are  inadequate,  the  commis- 
sion shall  make  a  recommendation  in  writing  to  the 
board  or  officer  of  the  towna,  village  or  city  whose  duty 
it  is  to  establish  and  maintain  such  building,  room  or 
place,  describing  the  defect  or  failure  and  stating  how 
the  same  shall  be  remedied.  It  shall  be  the  duty  of 
such  board  or  officer  to  cause  such  defect  or  failure  to 
be  remedied  so  as  to  conform  to  such  recommendations. 
If  such  defect  or  failure  is  not  so  remedied  within  a 
reasonable  time,  the  commission  may  apply  to  a  justice 
of  the  supreme  court  at  special  term  in  the  judicial 
district  in  which  such  building,  room  or  place  is  situ- 
ated for  an  order  directing  that  such  defect  or  failure 
shall  be  remedied  as  provided  therein.  At  least  ten 
days'  notice  of  such  application  shall  be  given  to  the 
board  or  officer  to  whom  such  recommendation  was 
made.  If  upon  a  hearing  of  such  application  it  shall 
be  ascertained  that  the  recommendation  of  the  commis- 
sion is  reasonable  and  in  accordance  with  law,  and  has 
not  been  complied  with,  an  order  shall  be  granted  direct- 
ing such  board  or  officer  to  make  such  alterations  and 
provide  such  changes  in  the  building,  room,  place,  or 
methods  of  care  and  treatment  complained  of  in  the 
application,  and  describing  specifically  the  alterations 
and  changes  directed  to  be  made  by  such  order.  For  the 
purpose  of  carrying  into  effect  the  provisions  of  this 
section,  each  commissioner,  and  any  duly  authorized 
agent  of  the  commission,  shall  have  free  access  to  the 
buildings,  rooms  and  places  provided  for  the  detention 
or  confinement  of  insane  or  apparently  insane  persons, 


352  The  Public  Health  Law 

pending  an  examination  as  to  their  sanity  and  prior  to 
their  transfer  to  an  institution  for  the  insane.  All  per- 
sons connected  with  any  such  building,  room  or  place 
shall  give  such  information,  and  afford  such  facilities 
for  examination  and  visitation  thereof  as  the  commis- 
sion may  desire.  If  any  health  officer  or  superintendent 
of  a  state  hospital  has  knowledge  of  any  violation  of 
the  law  relating  to  the  detention  or  confinement,  care 
and  treatment  of  an  insane  or  apparently  insane  person 
on  the  part  of  a  police  officer,  or  any  other  municipal 
officer,  he  shall  report  the  same  to  the  commission,  who 
may  take  such  action  in  respect  thereto  as  it  shall  deem 
proper.  Provided  that  nothing  in  this  section  shall 
apply  to  pavilion  F  of  the  Albany  Hospital  located  in 
the  city  of  Albany.  (Added  by  L.  1914,  ch.  306,  in. 
effect  April  11,  1914.) 

Health  officer  may  request  temporary  commitment  of 
insane  persons. 

§  82.  Proceedings  to  determine  the  question  of  insanity. 
.  .  .  2.  The  superintendent  of  any  state  hospital 
for  the  insane  may,  when  requested  by  a  health 
officer,  receive  and  care  for  in  such  hospital  as  a  patient, 
for  a  period  not  exceeding  ten  days,  any  person  who 
needs  immediate  care  and  treatment  because  of  mental 
derangement  other  than  delirium  tremens  or  drunken- 
ness. Such  request  for  admission  of  a  patient  shall  be 
in  writing  and  shall  be  filed  at  the  hospital  at  the  time 
of  his  reception,  together  with  a  statement  in  a  form 
prescribed  or  approved  by  the  state  hospital  commis- 
sion giving  such  information  as  said  commission  may 
deem  appropriate.  Any  such  patient  who  is  deemed  by 
the  superintendent  not  suitable  for  such  care  shall,  upon 
the  formal  request  of  the  superintendent,  be  removed 
forthwith  from  the  hospital  by  the  health  officer  request- 
ing his  reception,  and,  if  he  is  not  so  removed,  the  town, 
city  or  county  in  which  the  patient  has  a  legal  settle- 
ment as  provided  by  article  four  of  chapter  forty-six  of 


Extracts  from  Insanity  Law  353 

the  laws  of  nineteen  hundred  and  nine,  and  in  case  such 
person  has  gained  no  legal  settlement  then  the  county 
in  which  such  person  may  be  previous  to  the  time  of 
admission,  shall  be  liable  forthwith  for  all  reasonable 
expenses  incurred  under  the  provisions  of  this  subdivi- 
sion on  account  of  such  patient.  Unless  the  patient 
shall  sign  a  request  to  remain  as  a  voluntary  patient 
under  the  provisions  of  section  ninety-nine  of  this  chap- 
ter, the  health  officer  making  application  shall  cause 
such  patient  to  be  examined  by  two  medical  examiners 
in  lunacy,  qualified  as  provided  in  the  preceding  section, 
and  if  found  insane  shall  cause  him  to  be  duly  com- 
mitted by  any  judge  of  a  court  of  record,  or,  if  found 
nane,  shall  cause  him  to  be  removed  therefrom  before 
the  expiration  of  said  period  of  ten  days.  Reasonable 
expenses  incurred  for  the  examination  of  .the  patient  and 
his  transportation  to  and  from  the  hospital  shall  be 
allowed  and  certified  by  the  judge  or  justice  ordering 
the  commitment  and  shall  be  a  charge  upon  the  town, 
city  or  county  as  provided  in  this  subdivision.  A  report 
of  the  admission  of  a  patient  for  observation  under  the 
provisions  of  this  subdivision  together  with  copy  of 
formal  statement  of  health  officer  shall  be  mailed  to  the 
state  hospital  commission  within  twenty-four  hours 
after  such  admisssicn.  (Am'd  by  L.  1912,  ch.  121  and 
L.  1914,  ch.  307,  in  effect  April  11,  1914.) 

Compensation  and  expenses  of  health  officers  in  connec- 
tion with  commitment  of  insane  persons. 

§  84.  Costs  of  commitment.  The  costs  necessarily 
incurred  in  determining  the  question  of  the  insanity 
of  a  poor  or  indigent,  or  other  person  under  this 
chapter,  or  under  section  twenty-six  of  chapter  four 
hundred  and  forty-six  of  the  laws  of  eighteen  hun- 
dred and  seventy-four,  including  the  fees  allowed  by 
the  judge  or  justice  ordering  the  commitment  to  the 
12 


354  The  Public  Health  Law 

medical  examiners  or  medical  witnesses  called  by  him 
and  other  necessary  expenses,  and  in  securing  the 
admission  of  such  person  into  a  state  hospital  and 
the  expense  of  providing  proper  clothing  and  proper 
medical  care  and  nursing,  for  such  person  in  accord- 
ance with  the  rules  and  regulations  adopted  by 
the  commission,  shall  be  a  charge  upon  the  towD, 
city  or  county  securing  the  commitment;  but  in  the 
city  of  New  York  all  fees  of  medical  examiners  and 
medical  witnesses  appointed  or  called  by  a  judge  of  any 
court  in  said  city  for  the  purpose  of  determining  the 
question  of  the  insanity  of  any  such  person,  and  not 
heretofore  paid,  may  be  audited  and  allowed  in  the  first 
instance  either  by  the  judge  or  justice  appointing  the 
medical  examiners  or  by  the  comptroller  of  said  city 
and  shall  be  paid  by  the  chamberlain  of  said  city  on 
the  warrant  of  the  comptroller  from  the  court  fund  and 
charged  to  the  proper  county  within  said  city.  If  the 
person  sought  to  be  committed  is  not  a  poor  or  indigent 
person,  the  costs  and  expenses  of  the  proceeding  to 
determine  his  insanity  and  secure  his  commitment  paid 
by  any  town,  city  or  county  may  be  collected  by  it  from 
the  estate  of  such  person,  or  from  the  persons  legally 
liable  for  his  maintenance,  and  the  same  shall  be  a 
charge  upon  the  estate  of  such  person,  or  the  same 
shall  be  paid,  by  the  persons  legally  liable  for  his 
maintenance.  The  compensation  or  fees  and  expenses 
of  health  officers  for  duties  performed  in  respect  to 
the  examination,  confinement,  care  and  treatment  of 
insane  or  alleged  insane  persons,  as  required  by  this 
act,  shall  in  each  case  be  determined  and  allowed 
by  the  judge  or  justice  ordering  the  commitment  or 
hearing  the  application,  and  shall  be  a  charge  upon 
the  town,  city  or  county  in  which  such  persons 
reside  or  may  be.  If  the  fees  and  expenses  so  de- 
termined and  allowed  are  a  charge  upon  the  county 
or  town,  such  judge  or  justice  shall  issue  a  certificate 
stating  the   amount  thereof,  to  whom  to  be  paid,  and 


EXTEACTS    FROM    INSANITY    LAW  355 

whether  a  charge  upon  the  county  or  a  town,  and  if 
the  latter,  the  name  of  the  town,  which  shall  be  pre- 
sented to  the  county  treasurer  and  be  paid  by  him  out 
of  any  moneys  available  for  such  purpose.  The  county 
treasurer  shall  report  the  amount  paid  by  him  on 
account  of  such  fees  and  expenses  to  ,the  board  of 
supervisors,  and  the  amount  thereof  which  is  chargeable 
against  any  town  in  the  county  shall  be  levied  against 
the  taxable  property  thereof  in  the  same  manner  as 
other  town  charges  are  levied.  If  there  is  no  money  in 
the  county  treasury  available  for  the  payment  of  such 
fees  and  expenses,  the  county  treasurer  is  hereby 
authorized  and  directed  to  borrow  on  the  credit  of  the 
county  a  sum  sufficient  to  pay  such  fees  and  expenses, 
and  may  issue  certificates  of  indebtedness  therefor,  the 
principal  and  interest  of  which,  at  a  rate  not  exceeding 
six  per  centum,  shall  be  binding  upon  the  county,  and 
shall  be  paid  in  the  same  manner  as  other  county  obli- 
gations. If  the  compensation  or  fees  and  expenses  of 
health  officers  as  so  determined  and  allowed  are  a  charge 
upon  a  city  they  shall  be  paid  in  the  same  manner  as 
the  other  expenses  of  the  health  department  or  bureau 
in  such  city.  (Am'd  by  L.  1910,  ch.  608,  in  effect  Oct. 
1,  1910.) 

§  87.  Duties  of  health  officers  in  regard  to  their  in- 
sane. All  county  superintendents  of  the  poor,  over- 
seers of  the  poor,  health  officers  and  other  city,  town  or 
county  authorities,  having  duties  to  perform  relating 
to  the  poor,  are  charged  with  the  duty  of  seeing  that  all 
poor  and  indigent  insane  persons  within  their  respective 
municipalities,  are  timely  granted  the  necessary  relief 
conferred  by  this  chapter.  The  poor  officers  or  authori- 
ties above  specified,  except  in  the  city  of  New  York  and 
in  the  county  of  Albany,  shall  notify  the  health  officer 
of  the  town,  city  or  village  of  any  poor  or  indigent 
insane  or  apparently  insane  person  within  such  munici- 


356  The  Public  Health  Law 

pality  whom  they  know  to  be  in  need  of  the  relief  con- 
ferred by  this  chapter.  When  so  notified,  or  when  other- 
wise informed  of  such  fact,  the  health  officer  of  the 
city,  town  or  village,  except  in  the  city  of  New  York 
and  the  county  of  Albany,  where  such  insane  or  appar- 
ently insane  person  may  be,  shall  see  that  proceedings 
are  taken  for  the  determination  of  his  mental  condition 
and  for  his  commitment  to  a  state  hospital.  Such 
health  officer  may  direct  the  proper  poor  officer  to  make 
an  application  for  such  commitment,  and,  if  a  qualified 
medical  examiner,  may  join  in  making  the  required  cer- 
tificate of  lunacy.  When  so  directed  by  such  health 
officer  it  shall  be  the  duty  of  the  said  poor  officer  to 
make  such  application  for  commitment.  When  notified 
or  informed  of  any  poor  or  indigent  insane  or  appar- 
ently insane  person  in  need  of  the  relief  conferred  by 
this  chapter,  such  health  officer  shall  provide  for  the 
proper  care,  treatment  and  nursing  of  such  person,  as 
provided  by  law  and  the  rules  of  the  commission,  pend- 
ing the  determination  of  his  mental  condition  and  his 
commitment  and  until  the  delivery  of  such  insane  per- 
son to  the  attendant  sent  to  bring  him  to  the  state 
hospital,  as  provided  in  this  chapter.  In  the  boroughs 
of  Manhattan  and  the  Bronx,  in  the  city  of  New  York, 
it  shall  be  the  duty  of  the  trustees  of  Bellevue  and 
allied  hospitals,  and  in  the  boroughs  of  Brooklyn, 
Queens  and  Richmond,  in  the  city  of  New  York  and 
also  in  the  county  of  Albany,  it  shall  be  the  duty  of 
the  commissioner  of  public  charities  to  see  that  all  poor 
and  indigent  insane  or  apparently  insane  persons  in 
such  boroughs  or  county,  respectively,  are  properly  cared 
for  and  treated. 

It  shall  also  be  the  duty  of  such  trustees  of  Bellevue 
and  allied  hospitals,  or  the  commissioner  of  public 
charities  of  the  city  of  New  York  or  the  county  of 
Albany,  to  see  that  proceedings  are  taken  for  the  deter- 


EXTBACTS    FROM    INSANITY    LAW  357 

mination  of  the  mental  condition  of  any  such  person  in 
the  boroughs  or  county  mentioned,  who  comes  under 
their  observation  or  is  reported  to  them  as  apparently 
insane,  and,  when  necessary,  to  see  that  proceedings  are 
instituted  for  the  commitment  of  sueh  person  to  an 
institution  for  the  care  of  the  insane;  provided  that 
such  report  is  made  by  any  person  with  whom  such 
alleged  insane  person  may  reside,  or  at  whose  house 
he  may  be,  or  by  the  father,  mother,  husband,  wife, 
brother,  sister,  or  child  of  any  such  person,  or  next  of 
kin  available,  or  by  any  duly  licensed  physician,  or  by 
any  peace  officer,  or  by  a  representative  of  an  incorpo- 
rated society  doing  charitable  or  philanthropic  work. 
When  the  trustees  of  Bellevue  and  allied  hospitals  are 
thus  informed  of  an  apparently  insane  person,  residing 
in  the  boroughs  of  Manhattan  or  the  Bronx,  or  when 
the  commissioner  of  public  charities  of  the  city  of  New 
York  is  thus  informed  of  an  apparently  insane  person 
residing  in  the  boroughs  of  Brooklyn,  Queens  or  Rich- 
mond, it  shall  be  the  duty  of  these  authorities,  respect- 
ively, to  send  a  nurse  or  a  medical  examiner  in  lunacj'. 
attached  to  the  psychopathic  wards  of  their  respective 
institutions,  or  both,  to  the  place  where  the  alleged 
insane  person  resides  or  is  to  be  found.  If,  in  the 
judgment  of  the  chief  resident  alienist  of  the  respective 
psychopathic  wards  or  of  the  medical  examiner  thus 
sent,  the  person  is  in  immediate  need  of  care  and  treat- 
ment or  observation  for  the  purpose  of  ascertaining  his 
mental  condition,  he  shall  be  removed  to  such  psycho- 
pathic ward  for  a  period  not  to  exceed  ten  days,  and 
the  person  or  persons  most  nearly  related  to  him,  so  far 
as  the  same  can  be  readily  ascertained  by  such  trustees, 
or  commissioner,  shall  be  notified  of  such  removal. 

When  an  order  of  commitment  has  been  made  as  pro- 
vided in  this  chapter,  such  health  officer,  or,  in  the 
city  of  New  York  and  in  the  county  of  Albany,  the 
authorities  above  specified  in  their  respective  boroughs 


358  The  Public  Health  Law 

or  county,  shall  see  that  such  insane  persons  are,  with- 
out unnecessary  delay,  transferred  to  the  proper  insti- 
tutions provided  for  their  care  and  treatment  as  the 
wards  of  the  state.  Before  sending  a  person  to  any 
such  institution,  they  shall  see  that  he  is  in  a  state  of 
bodily  cleanliness  and  comfortably  clothed  with  suitable 
or  new  clothing,  in  accordance  with  the  regulations  pre- 
scribed by  the  commission.  Each  patient  shall  be  sent 
to  the  state  hospital,  within  the  district  embracing  the 
county  from  which  he  is  committed,  except  that  the 
commission  may,  in  its  discretion,  direct  otherwise,  but 
private  or  public  insane  patients,  for  whom  homeopathic 
care  and  treatment  may  be  desired  by  their  relatives, 
friends  or  guardians,  may  be  committed  to  the  Middle- 
town  State  Homeopathic  Hospital,  or  the  Gowanda  State 
Homeopathic  Hospital,  from  any  of  the  counties  of  the 
state,  in  the  discretion  of  the  judge  granting  the  order 
of  commitment;  and  the  hospital  to  which  any  patient 
is  ordered  to  be  sent  shall,  by  and  under  the  regulations 
made  by  such  commission,  send  a  trained  attendant  to 
bring  the  patient  to  the  hospital.  Each  female  com- 
mitted to  any  institution  for  the  insane  shall  be  accom- 
panied by  a  female  attendant,  unless  accompanied  by 
her  father,  brother,  husband  or  son.  The  commission 
may,  by  order,  direct  that  any  person  it  deems  unsuit- 
able therefor  shall  not  be  so  employed  or  act  as  such 
attendant.  After  the  patient  has  been  delivered  to  the 
proper  officers  of  the  hospital,  the  care  and  custody  of 
the  municipality  from  which  he  is  sent  shall  cease. 

In  no  case  shall  any  insane  person  be  confined  in  any 
other  place  than  a  state  hospital  or  duly  licensed  insti- 
tution for  the  insane,  for  a  period  longer  than  ten  days, 
nor  shall  such  person  be  committed  as  a  disorderly  per- 
son to  any  prison,  jail  or  lock-up  for  criminals.  Except 
in  the  city  of  New  York  and  the  county  of  Albany,  the 
health  officer  of  the  town,  village  or  city  wherein  an 
insane  or  alleged  insane  person  may  be  shall  see  that 


EXTBACTS    FKOM    INSANITY    LAW  359 

such  person  is  cared  for  in  a  place  suitable  for  the  com- 
fortable, safe  and  humane  coniinement  of  such  person, 
pending  the  determination  of  the  question  of  his  sanity 
and  until  his  transfer  to  a  state  hospital  or  some  other 
proper  institution  for  the  insane  as  provided  in  this 
chapter.  Such  person  shall  not  be  confined  in  any  such 
place  without  an  attendant  in  charge  of  him,  and  the 
said  health  officer  shall  select  some  suitable  person  to 
act  as  such  attendant. 

The  proper  authorities  of  any  such  town,  city  or 
county  may  provide  a  permanent  place  for  the  reception 
and  temporary  confinement,  care  and  nursing  of  insane 
or  alleged  insane  persons  which  shall  conform  in  all 
respects  to  the  rules  and  requirements  of  the  commis- 
sion; all  poor  and  indigent  insane  persons  received  at 
any  such  place  for  investigation  of  their  mental  condi- 
tion or  pending  commitment  and  transfer  to  a  state 
hospital  shall  be  maintained  therein  at  the  expense  of 
such  town,  city  or  county.  Any  person  apparently  in- 
sane, and  conducting  himself  in  a  manner  which  in  a 
sane  person  would  be  disorderly,  may  be  arrested  by 
any  peace  officer  and  confined  in  some  safe  and  comfort- 
able place  until  the  question  of  his  sanity  be  determined, 
as  prescribed  by  thi3  chapter.  The  officer  making  such 
arrest  shall  immediately  notify  the  health  officer  of  the 
town,  village  or  city,  except  in  the  city  of  New  York 
and  in  the  county  of  Albany,  who  shall  forthwith  take 
proper  measures  for  the  determination  of  the  question 
of  the  insanity  of  such  person,  and  for  his  proper  care 
and  treatment  as  provided  in  this  section,  pending  his 
transfer  to  an  institution  for  the  insane.  Whenever  in 
the  city  of  New  York  an  information  is  laid  before  a 
magistrate  that  a  person  is  apparently  insane  the  magis- 
trate must  issue  a  warrant  directed  to  the  sheriff  of  the 
county  in  which  the  information  is  made,  or  any  mar- 
shal or  policeman  of  the  city  of  New  York,  reciting  the 
substance  of  the  information,  and  commanding  the  offi- 
cer forthwith  to  arrest  the  person  alleged  to  be  Iniane, 


360  The  Public  Health  Law 

and  bring  him  before  the  magistrate  issuing  the  war- 
rant. If  upon  arraignment  it  appears  to  the  magistrate 
issuing  the  warrant  that  the  person  so  arraigned  before 
him  is  apparently  insane  it  shall  be  the  duty  of  the 
magistrate,  if  such  information  is  laid  in  the  boroughs 
of  Manhattan  and  the  Bronx,  to  commit  such  appa- 
rently insane  person  to  the  care  and  custody  of  the 
board  of  trustees  of  Bellevue  and  allied  hospitals  at 
Bellevue  hospital,  and  therein  kept  in  a  safe  and  com- 
fortable place  until  the  question  of  his  sanity  be  deter- 
mined as  prescribed  by  this  chapter,  and  in  the  boroughs 
of  Brooklyn,  Queens  and  Richmond  the  said  magistrate 
shall  commit  such  apparently  insane  person  to  the  care 
of  the  commissioner  of  public  charities  who  shall  keep 
such  person  in  a  safe  and  comfortable  place  until  the 
question  of  his  sanity  be  determined  as  herein  pre- 
scribed. Whenever  in  the  city  of  New  York  a  person 
is  committed  as  apparently  insane  as  above  provided  it 
shall  be  the  duty  of  the  board  of  trustees  of  Bellevue 
and  allied  hospitals  or  the  commissioner  of  public  chari- 
ties, as  the  case  may  be,  to  forthwith  take  proper  meas- 
ures for  the  determination  of  the  question  of  the  insan- 
ity of  such  person.  (Am'd  by  L.  1910,  ch.  608  and  L. 
1912,  ch.  121,  in  effect  April  3,  1912.) 

Confinement  of  dangerous  insane  persons  in  such  man- 
ner as  local  health  officer  shall  approve. 
§  88.  Duty  of  committee  and  others  to  care  for  the 
insane;  apprehension  and  confinement  of  a  dangerous 
insane  person.  When  an  insane  person  is  possessed  of 
sufficient  property  to  maintain  himself,  or  his  father, 
mother,  husband,  wife  or  children  are  of  sufficient  ability 
to  maintain  him,  and  his  insanity  is  such  as  to  endanger 
his  own  person,  or  the  person  and  property  of  others, 
the  committee  of  his  person  and  estate,  or  such  father, 
mother,  husband,  wife  or  children  must  provide  a  suit- 
able place  for  his  confinement,  and  there  maintain  him 
in  such  manner  as  shall  be  approved  by  the  health  officer 


EXTRACTS   FROM    INSANITY   LAW  361 

of  the  town,  village  or  city  where  he  is  confined,  and  in 
accordance  with  the  rules  of  the  commission.  The  health 
officers  of  towns,  villages  and  cities,  or  in  the  boroughs 
of  Manhattan  and  the  Bronx  in  the  city  of  New  York 
the  board  of  trustees  of  Eellevue  and  allied  hospitals, 
and  in  the  boroughs  of  Brooklyn,  Queens  and  Richmond 
in  said  city,  and  also  in  the  county  of  Albany,  the  com- 
missioner of  public  charities  are  required  to  see  that 
the  provisions  of  this  section  are  carried  into  effect  in 
the  most  humane  and  speedy  manner. 

Upon  the  refusal  or  neglect  of  committee,  guardian  or 
relative  of  an  insane  person  to  cause  him  to  be  confined, 
as  required  in  this  chapter,  the  officers  named  in  this 
section  shall  apply,  or  cause  application  to  be  made,  to 
a  judge  of  a  court  of  record  of  the  city  or  county,  or  to 
e  justice  of  the  supreme  court  of  the  judicial  district 
in  which  such  insane  person  may  reside  or  be  found, 
who,  upon  being  satisfied,  upon  proper  proofs,  that  such 
person  is  dangerously  insane  and  improperly  cared  for 
or  at  large,  shall  issue  a  precept  to  one  or  more  of  the 
officers  named,  commanding  them  to  apprehend  and  con- 
fine such  insane  person  in  some  comfortable  and  safe 
place;  and  such  officers  in  apprehending  such  insane  per- 
son shall  possess  all  the  powers  of  a  peace  officer  execut- 
ing a  warrant  of  arrest  in  a  criminal  proceeding.  Un- 
less an  order  of  commitment  has  been  previously  granted, 
such  officers  shall  forthwith  make,  or  cause  to  be  made, 
application  for  the  proper  order  for  his  commitment  to 
the  proper  institution  for  the  care,  custody  and  treat- 
ment of  the  insane,  as  authorized  by  this  chapter,  and 
if  such  order  is  granted,  such  officer  shall  take  the  neces- 
sary legal  steps  to  have  him  transferred  to  such  institu- 
tion. Pending  such  transfer  the  health  officer  of  the 
proper  town,  village  or  city,  and,  in  the  city  of  New 
York  and  the  county  of  Albany,  the  officers  above  named 
for  the  respective  boroughs,  or  county,  shall  see  that 
such  insane  person  is  cared  for  in  a  suitable  place  and 


S62  The  Public  Health  Law 

is  provided  with  proper  medical  care  and  nursing.  The 
cost  and  expense  incurred  by  the  health  officer  in  the 
performance  of  his  duties  under  this  section  shall,  when 
allowed  by  the  judge  or  justice  ordering  the  commitment, 
be  a  charge  against  the  town,  city  or  county  liable  for 
the  costs  of  the  commitment  of  an  insane  person  under 
this  chapter  and  shall  be  paid  in  the  manner  prescribed 
by  section  eighty-four  of  this  chapter.  (Am'd  by  L. 
1910,  ch.  608,  and  L.  1912,  ch.  121,  in  effect  April  3, 
1912.) 

§  173.  Commitment  of  inebriates,  including  habitual 
users  of  narcotics,  to  private  institutions.  The  judge 
of  a  court  of  record  in  the  county  or  district  where 
an  alleged  inebriate  resides,  or  a  judge  of  any  court 
of  record,  may  commit  such  person  to  any  private 
licensed  institution  for  the  insane,  in  the  manner  here- 
inafter provided,  upon  a  proper  application  and  upon 
the  consent  in  writing  of  the  trustees,  signed  by  their 
superintendent  or  executive  officer,  upon  the  certificates 
in  writing  made,  executed  and  verified  by  at  least  two 
physicians,  qualified  to  act  as  medical  examiners  in 
lunacy,  showing  tbat  such  person  is  over  the  age  of  eigh- 
teen years,  and  is  incapable  or  unfit  to  properly  conduct 
himself  or  herself,  or  his  or  her  affairs,  or  is  dangerous 
to  himself  or  herself  or  others  by  reason  of  periodical, 
frequent  or  constant  drunkenness,  induced  either  by  the 
use  of  alcoholic  or  other  liquors,  or  of  opium,  morphine, 
or  other  narcotic  or  intoxicating  or  stupefying  substance. 
Such  certificate  must  further  show  that  such  person  is  in 
actual  need  of  special  care  and  treatment,  and  that  his 
condition  is  such  that  his  detention,  care  and  treatment 
in  such  institution  would  be  likely  to  effect  a  cure.  Such 
certificate  shall  also  specifically  state  the  facts  and  cir- 
cumstances upon  which  the  judgment  of  each  physician 
is  based  and  shall  show  the  result  of  such  examination. 
It  must  appear  upon  the  face  of  such  certificate  that 


Extracts  from  Labor  Law  363 

each  physician  executing  the  same  has  made  a  personal 
examination  of  the  person  alleged  to  be  an  inebriate,  and 
that  such  an  examination  has  been  made  within  ten  days 
prior  to  the  application  for  the  commitment.  (Added 
by  L.   1913,  ch.  526,  in  effect  May   15,   1913.) 

EXTRACTS  FROM  LABOR  LAW 

(L.   1909,  ch.  36,  cons.  Ch.   31  of  Cons.  Laws.) 

Industrial  poisonings  to  be  reported  by  physicians,  and 
commissioner  of  labor  may  call  on  state  and  local 
boards  of  health  for  help  in  enforcing  this  provision. 

§  65.  Industrial  poisonings  to  be  reported.  1.  Every 
medical  practitioner  attending  on  or  called  in  to  visit 
a  patient  whom  he  believes  to  be  suffering  from  poison- 
ing from  lead,  *pliosphorous,  arsenic,  brass,  wood  alco- 
hol, mercury  or  their  compounds,  or  from  anthrax, 
or  from  compressed  air  illness,  contracted  as  the 
result  of  the  nature  of  the  patient's  employment,  ahall 
send  to  the  commissioner  of  labor  a  notice  stating 
the  name  and  full  postal  address  and  place  of  employ- 
ment of  the  patient  and  the  disease  from  which,  in  the 
opinion  of  the  medical  practitioner,  the  patient  is  suffer- 
ing, with  such  other  and  further  information  as  may  be 
required  by  the  said  commissioner. 

2.  If  any  medical  practitioner,  when  required  by  this 
section  to  send  a  notice,  fails  forthwith  to  send  the 
same,  he  shall  be  liable  to  a  fine  not  exceeding  ten 
dollars. 

3.  It  shall  be  the  duty  of  the  commissioner  of  labor 
to  enforce  the  provisions  of  this  section,  and  he  may 
call  upon  the  state  and  local  boards  of  health  for 
assistance.  (Added  by  L.  1911,  ch.  25S  and  renumbered 
and  am'd  by  L.  1913,  ch.  145,  in  effect  March  28,  1913.) 

§  70.  Employment  of  minors.  No  child  under  the 
age    of    fourteen    years    shall    be    employed,    permitted 


*  So  in  original. 


364  The  Public  Health  Law 

6r  suffered  to  work  in  or  in  connection  with  any 
factory  in  this  state,  or  for  any  factory  at  any 
place  in  this  state.  No  child  between  the  ages  of 
fourteen  and  sixteen  years  shall  be  so  employed,  per- 
mitted or  suffered  to  work  unless  an  employment  certifi- 
cate, issued  as  provided  in  this  article,  shall  have  been 
theretofore  filed  in  the  office  of  the  employer  at  the  place 
of  employment  of  such  child.  Nothing  herein  contained 
shall  prevent  a  person  engaged  in  farming  from  permit- 
ting his  children  to  do  farm  work  for  him  upon  his 
farm.  Boys  over  the  age  of  twelve  years  may  be  em- 
ployed in  gathering  produce,  for  not  more  than  six 
hours  in  any  one  day,  subject  to  the  requirements  of 
chapter  twenty-one  of  the  laws  of  nineteen  hundred  and 
nine,  entitled  "An  act  relating  to  education,  constituting 
chapter  sixteen  of  the  consolidated  laws,"  and  all  acts 
amendatory  thereof.  (Am'd  by  L.  1913,  ch.  529,  in 
effect  May  15,  1913.) 

Employment  certificates  for  minors  to  be  issued  by  local 
department  of  health. 

§  71.  Employment  certificate,  how  issued.  Such  cer- 
tificate shall  be  issued  by  the  commissioner  of  health 
or  the  executive  officer  of  the  board  or  department  of 
health  of  the  city,  town  or  village  where  such  child 
resides  or  is  to  be  employed,  or  by  such  other  officer 
thereof  as  may  be  designated  by  such  board,  department 
or  commissioner  for  that  purpose,  upon  the  applica- 
tion of  the  parent,  guardian  or  custodian  of  the  child 
desiring  such  employment.  Such  officer  shall  not  issue 
such  certificate  until  he  has  received,  examined,  ap- 
proved and  filed  the  following  papers  duly  executed, 
namely:  The  school  record  of  such  child  properly  filled 
out  and  signed  as  provided  in  this  article;  also,  evidence 
of  age  showing  that  the  child  is  fourteen  years  old  or 


Extracts  from  Labor  Law  365 

upwards,  which  shall  consist  of  the  evidence  thereof 
provided  in  one  of  the  following  subdivisions  of  this 
section  and  which  shall  be  required  in  the  order  herein 
designated  as  follows: 

(a)  Birth  certificate;  passport  or  baptismal  certifi- 
cate. A  duly  attested  transcript  of  the  birth  certifi- 
cate filed  according  to  law  with  a  registrar  of  vital 
statistics  or  other  officer  charged  with  the  duty  of 
recording  births;  or  a  passport;  or  a  duly  attested  tran- 
script of  a  certificate  of  baptism  showing  the  date  of 
birth  of  such  child. 

(b)  Other  documentary  evidence.  In  case  it  shall 
appear  to  the  satisfaction  of  the  officer  to  whom  appli- 
cation is  made,  as  herein  provided,  for  an  employment 
certificate,  that  a  child  for  whom  such  certificate  is 
requested  and  who  has  presented  the  school  record,  is 
in  fact  over  fourteen  years  of  age,  and  that  satisfactory 
documentary  evidence  of  age  can  be  produced,  which 
does  not  fall  within  any  of  the  provisions  of  the  preced- 
ing subdivisions  of  this  section,  and  that  none  of  the 
papers  mentioned  in  said  subdivisions  can  be  produced, 
then  and  not  otherwise  he  shall  present  to  the  board 
of  health  of  which  he  is  an  officer  or  agent,  for  its  action 
thereon,  a  statement  signed  by  him  showing  such  facts, 
together  with  such  papers  as  may  have  been  produced 
before  him  constituting  such  evidence.  The  commis- 
sioner of  health,  or  when  officially  authorized,  the  issu- 
ing officer  of  the  board  or  department  of  health  may 
then  accept  such  evidence  as  sufficient  as  to  the  age  of 
such  child,  and  a  record  of  such  evidence  shall  be  fully 
entered  on  the  minutes  of  the  board  at  the  next  meet- 
ing thereof. 

(c)  Physicians'  certificates.  In  cities  of  the  first 
class  only,  in  case  application  for  the  issuance  of  an 
employment  certificate  shall  be  made  to  such  officer  by 
a  child's  parent,  guardian  or  custodian  who  alleges  his 
inability  to  produce  any  of  the  evidence  of  age  specified 


366  The  Public  Health  Law 

in  the  preceding  subdivisions  of  this  section,  and  if  the 
child  is  apparently  at  least  fourteen  years  of  age,  such 
officer  may  receive  and  file  an  application  signed  by  the 
parent,  guardian  or  custodian  of  such  child  for  physi- 
cians' certificates.  Such  application  shall  contain  the 
alleged  age,  place  and  date  of  birth,  and  present  resi- 
dence of  such  child,  together  with  such  further  facts 
as  may  be  of  assistance  in  determining  the  age  of  such 
child.  Such  application  shall  be  filed  for  not  less  than 
sixty  days  after  date  of  such  application  for  such  physi- 
cians' certificates,  for  an  examination  to  be  made  of 
the  statements  contained  therein,  and  in  case  no  facts 
appear  within  such  period  or  by  such  examination  tend- 
ing to  discredit  or  contradict  any  material  statement 
of  such  application,  then  and  not  otherwise  the  officer 
may  direct  such  child  to  appear  thereafter  for  physical 
examination  before  two  physicians  officially  designated 
by  the  board  of  health,  and  in  case  such  physicians  shall 
certify  in  writing  that  they  have  separately  examined 
such  child  and  that  in  their  opinion  such  child  is  at 
least  fourteen  years  of  age  such  officer  shall  accept  such 
certificates  as  sufficient  proof  of  the  age  of  such  child 
for  the  purposes  of  this  section.  In  case  the  opinions 
of  such  physicians  do  not  concur,  the  child  shall  be 
examined  by  a  third  physician  and  the  concurring  opin- 
ions shall  be  conclusive  for  the  purpose  of  this  section 
as  to  the  age  of  such  child. 

Such  officer  shall  require  the  evidence  of  age  specified 
in  subdivision  (a)  in  preference  to  that  specified  in  any 
subsequent  subdivision  and  shall  not  accept  the  evidence 
of  age  permitted  by  any  subsequent  subdivision  unless 
he  shall  receive  and  file  in  addition  thereto  an  affidavit 
of  the  parent  showing  that  no  evidence  of  age  specified 
in  any  preceding  subdivision  or  subdivisions  of  this 
section  can  be  produced.  Such  affidavit  shall  contain 
the  age,  place  and  date  of  birth,  and  present  residence 
of  auch  child,  which  affidavit  must  be  taken  before  th« 


Extbacts  from  Labor  Law  367 

officer  issuing  the  employment  certificate,  who  is  hereby 
authorized  and  required  to  administer  such  oath  and 
who  shall  not  demand  or  receive  a  fee  therefor. 

Such  employment  certificate  shall  not  be  issued  until 
such  child  further  has  personally  appeared  before  and 
been  examined  by  the  officer  issuing  the  certificate,  and 
until  such  officer  shall,  after  making  such  examination, 
sign  and  file  in  his  office  a  statement  that  the  child 
can  read  and  write  correctly  simple  sentences  in  the 
English  language  and  that  in  his  opinion  the  child  is 
fourteen  years  of  age  or  upwards  and  has  reached  the 
normal  development  of  a  child  of  its  age,  and  is  in 
sound  health  and  is  physically  able  to  perform  the  work 
which  it  intends  to  do.  Every  such  employment  certifi- 
cate shall  be  signed,  in  the  presence  of  the  officer  issuing 
the  same,  by  the  child  in  whose  name  it  is  issued.  In 
every  case,  before  an  employment  certificate  is  issued, 
such  physical  fitness  shall  be  determined  by  a  medical 
officer  of  the  department  or  board  of  health,  who  shall 
make  a  thorough  physical  examination  of  the  child  and 
record  the  result  thereof  on  a  blank  to  be  furnished  for 
the  purpose  by  the  industrial  commission  and  shall  set 
forth  thereon  such  facts  concerning  the  physical  condi- 
tion and  history  of  the  child  as  the  industrial  commis- 
sion may  require. 

In  case  the  evidence  of  age,  filed  as  in  this  section 
provided,  shows  such  child  to  be  fourteen  years  old  but 
fails  to  show  such  child  to  be  fifteen  years  old,  no 
employment  certificate  shall  be  issued  unless  such  child, 
in  addition  to  complying  with  all  the  requirements  of 
this  section  and  producing  the  school  record  described 
in  section  seventy-three,  shall  also  present  a  certificate 
of  graduation  properly  issued  in  the  name  of  such  child, 
from  a  public  elementary  school,  or  school  equivalent 
thereto  or  parochial  school,  or  a  preacademic  certificate 
issued  by  the  regents,  or  a  certificate  of  the  completion 


368  The  Public  Health  Law 

of  an  elementary  course  issued  by  the  education  depart- 
ment. (Am*d  by  L.  1912,  ch.  333,  and  L.  1916,  ch.  465, 
in  effect  Oct.  1,  1917.) 

§  72.  Contents  of  certificate.  Such  certificate  shall 
state  the  date  and  place  of  birth  of  the  child,  and 
describe  the  color  of  the  hair  and  eyes,  the  height  and 
weight  and  any  distinguishing  facial  marks  of  such 
child,  and  that  the  papers  required  by  the  preceding 
section  have  been  duly  examined,  approved  and  filed 
and  that  the  child  named  in  such  certificate  has  appeared 
before  the  officer  signing  the  certificate  and  been 
examined. 

School  record  to  be  furnished  department  of  health. 

§  73.  School  record,  what  to  contain.  The  school 
record  required  by  this  article  shall  be  signed  by 
the  principal  or  chief  executive  officer  of  the  school 
which  such  child  has  attended  and  shall  be  furnished, 
on  demand,  to  a  child  entitled  thereto  or  to  the 
board,  department  or  commissioner  of  health.  It  shall 
contain  a  statement  certifying  that  the  child  has  regu- 
larly attended  the  public  schools  or  schools  equivalent 
thereto,  or  parochial  schools,  for  not  less  than  one 
hundred  and  thirty  days  during  the  twelve  months  next 
preceding  his  fourteenth  birthday,  or  during  the  twelve 
months  next  preceding  his  application  for  such  school 
record  and  is  able  to  read  and  write  simple  sentences 
in  the  English  language,  and  has  received  during  such 
period  instruction  in  reading,  spelling,  writing,  English 
grammar  and  geography  and  is  familiar  with  the  funda- 
mental operations  of  arithmetic  up  to  and  including 
fractions  and  has  completed  the  work  prescribed  for 
the  first  six  years  of  the  public  elementary  school  or 
school  equivalent  thereto  or  parochial  school  from 
which  such  school  record  is  issued.  Such  school  record 
ghall  also  give  the  date  of  birth  and  residence  of  the 


Extracts  from  Labor  Law  369 

child  as  shown  on  the  records  of  the  school  and  the 
name  of  its  parent  or  guardian  or  custodian.  (Am'd 
by  L.  1913,  eh.  144,  in  effect  Oct.  1,  1913.) 

Local  department  of  health  to  transmit  record  of  em- 
ployment certificates  to  commissioner  of  labor. 

§  75.  Supervision  over  issuance  of  certificates.  The 
board  or  department  of  health  or  health  commissioner 
of  a  city,  village  or  town,  shall  transmit,  between  the 
first  and  tenth  clay  of  each  month,  to  the  commissioner 
of  labor,  a  list  of  the  names  of  all  children  to  whom 
certificates  have  been  issued  during  the  preceding  month 
together  with  a  duplicate  of  the  record  of  every  exami- 
nation as  to  the  physical  fitness,  including  examinations 
resulting  in  rejection. 

In  cities  of  the  first  and  second  class  all  employ- 
ment certificates  and  school  records  required  under  the 
provisions  of  this  chapter  shall  be  in  such  form  as  shall 
be  approved  by  the  commissioner  of  labor.  In  towns, 
tillages  or  cities  other  than  cities  of  the  first  or  second 
class,  the  commissioner  of  labor  shall  prepare  and 
furnish  blank  forms  for  such  employment  certificates 
and  school  records.  No  school  record  or  employment 
certificate  required  by  this  article  other  than  those 
approved  or  furnished  by  the  commissioner  of  labor  as 
above  provided  shall  be  used.  The  commissioner  of 
labor  shall  inquire  into  the  administration  and  enforce- 
ment of  the  provisions  of  this  article  by  all  public 
officers  charged  with  the  duty  of  issuing  employment 
certificates,  and  for  that  purpose  the  commissioner  of 
labor  shall  have  access  to  all  papers  and  records  required 
to  be  kept  by  all  such  officers.  (Am'd  by  L.  1912,  ch. 
333.  and  L.  1913,  ch    144,  in  effect  Oct,  1,  1913.) 

Physical  examination  of  children  in  factories;  local 
board  of  health  to  be  advised  of  revocation  of  em- 
ployment certificates,  due  to  such  examination. 

§  76-a.  Physical  examination  of  children  in  factories; 
.cancellation  of  employment  certificates.     1.  All  children 


370  The  Public  Health  Law 

between  fourteen  and  sixteen  years  of  age  employed 
in  factories  shall  submit  to  a  physical  examination 
whenever  required  by  a  medical  inspector  of  the  state 
department  of  labor.  The  result  of  all  such  physical 
examinations  shall  be  recorded  on  blanks  furnished  for 
that  purpose  by  the  commissioner  of  labor,  and  shall  be 
kept  on  file  in  such  office  or  offices  of  the  department  as 
the  commissioner  of  labor  may  designate. 

2.  If  any  such  child  shall  fail  to  submit  to  such 
physical  examination,  the  commissioner  of  labor  may 
issue  an  order  cancelling  such  child's  employment  cer- 
tificate. Such  order  shall  be  served  upon  the  employer 
of  such  child  who  shall  forthwith  deliver  to  an  author- 
ized representative  of  the  department  of  labor  the  child's 
employment  certificate.  A  certified  copy  of  the  order 
of  cancellation  shall  be  served  on  the  board  of  health 
or  other  local  authority  that  issued  the  said  certificate. 
Xo  such  child  whose  employment  certificate  has  been 
cancelled,  as  aforesaid,  shall,  while  said  cancellation 
remains  unrevoked,  be  permitted  or  suffered  to  work  in 
any  factory  of  the  state  before  it  attains  the  age  of 
sixteen  years.  If  thereafter  such  child  shall  submit  to 
the  physical  examination  required,  the  commissioner  of 
labor  may  issue  an  order  revoking  the  cancellation  of 
the  employment  certificate  and  may  return  the  employ- 
ment certificate  to  such  child.  Copies  of  the  order  of 
revocation  shall  be  served  upon  the  former  employer  of 
the  child  and  the  local  board  of  health  as  aforesaid. 

3.  If  as  a  result  of  the  physical  examination  made 
by  a  medical  inspector  it  appears  that  the  child  is 
physically  unfit  to  be  employed  in  a  factory,  such 
medical  inspector  shall  forthwith  submit  a  report  to 
that  effect  to  the  commissioner  of  labor  which  shall  be 
kept  on  file  in  the  office  of  the  commissioner  of  labor, 
setting  forth  in  detail  his  reasons  therefor,  and  the 
commissioner  of  labor  may  issue  an  order  cancelling 
the   employment  certificate  of  such   child.     Such   order 


Extracts  from  Labor  Law  371 

of  cancellation  shall  be  served,  and  the  child's  employ- 
ment certificate  delivered  up,  as  provided  in  subdivision 
two  hereof,  and  no  such  child  while  the  said  order  of 
cancellation  remains  unrevoked  shall  be  permitted  or 
suffered  to  work  in  any  factory  of  the  state  before  it 
attains  the  age  of  sixteen  years.  If  upon  a  subsequent 
physical  examination  of  the  child  by  a  medical  inspector 
of  the  department  of  labor  it  appears  that  the  physical 
infirmities  have  been  removed,  such  medical  inspector 
shall  certify  to  that  effect  to  the  commissioner  of  labor, 
and  the  commissioner  of  labor  may  thereupon  make  an 
order  revoking  the  cancellation  of  the  employment  cer- 
tificate and  may  return  the  certificate  to  such  child. 
The  order  of  revocation  shall  be  served  in  the  manner 
provided  in  subdivision  two  hereof.  (Added  by  L.  1913, 
ch.  200,  in  effect  Oct.  1,  1913.) 

§  103.  Powers  and  duties  of  boards  of  health  relative 
to  tenement-made  articles.  If  the  commissioner  of  labor 
finds  evidence  of  disease  present  in  a  room  or  apartment 
in  a  tenement  house  in  which  any  articles  are  manufac- 
tured, altered,  repaired  or  finished  or  in  process  thereof, 
he  shall  affix  to  such  article  the  label  prescribed  in  the 
preceding  section,  and  immediately  report  to  the  local 
board  of  health,  who  shall  disinfect  such  articles,  if 
necessary,  and  thereupon  remove  such  label.  If  the  com- 
missioner of  labor  finds  that  infectious,  contagious  or 
communicable  diseases  exist  in  a  room  or  apartment  of  a 
tenement  house  in  which  any  articles  are  being  manu- 
factured, altered,  repaired  or  finished,  or  that  articles 
manufactured  or  in  process  of  manufacture  therein  are 
infected  or  that  goods  used  therein  are  unfit  for  use,  he 
shall  report  to  the  local  board  of  health.  The  local 
health  department  or  board  in  every  city,  town  and 
Tillage  whenever  there  is  any  infectious,  contagious  or 
communicable  disease  in  a  tenement  house  shall  cause 


372  The  Public  Health  Law 

an  inspection  of  such  tenement  house  to  be  made  within 
forty-eight  hours.  If  any  articles  are  found  to  be 
manufactured,  altered,  repaired  or  finished,  or  in  process 
thereof  in  an  apartment  in  which  such  disease  exists, 
such  board  anall  issue  such  order  as  the  public  health 
may  require,  and  shall  at  once  report  such  facts  to  the 
commissioner  of  labor,  furnishing  such  further  informa- 
tion as  he  may  require.  Such  board  may  condemn  and 
destroy  all  such  infected  article  or  articles  manufac- 
tured or  in  the  process  of  manufacture  under  unclean 
or  unhealthful  conditions.  The  local  health  department 
or  board  or  other  appropriate  authority  charged  with 
the  duty  of  sanitary  inspection  of  such  houses  in  every 
city,  town  and  village  shall,  when  so  requested  by  the 
commissioner  of  labor,  furnish  copies  of  its  records  as 
to  the  presence  of  infectious,  contagious  or  communi- 
cable disease,  or  of  unsanitary  conditions  in  said  houses; 
and  shall  furnish  such  other  information  as  may  be 
necessary  to  enable  the  commissioner  of  labor  to  carry 
out  the  provisions  of  this  article.  (Am'd  by  L.  1913, 
ch.  260,  in  effect  Oct.  1,  1913.) 

ARTICLE  XII  OF  LABOR  LAW 

Employment  of  Women  and  Children  in  Mercantile 
Establishments 

§  160.  Application  of  article.  The  provisions  of  this 
article  shall  apply  to  all  villages  and  cities  which  at  the 
last  preceding  state  enumeration  had  a  population  of 
three  thousand  or  more. 

§  161.  Hours  of  labor  of  minors  and  women;  time  for 
meals.  1.  No  child  under  the  age  of  sixteen  year*  shall 
be  employed,  permitted  or  suffered  to  work  in  or  in 
connection  with  any  mercantile  establishment,  business 
office,  telegraph  office,  restaurant,  hotel,  apartment  house, 
theater  or  other  place  of  amusement,  bowling  alley, 
barber    shop,    shoe-polishing    establishment,    or    in    the 


Extracts  from  Labor  Law  373 

distribution  or  transmission  of  merchandise,  articles  or 
messages,  or  in  the  distribution  or  sale  of  articles  more 
than  six  days  or  forty-eight  hours  in  any  one  week,  or 
more  than  eight  hours  in  any  one  day,  or  before  eight 
o'clock  in  the  morning  or  after  six  o'clock  in  the  evening 
of  any  day.  The  foregoing  provision  shall  not  apply  to 
any  employment  prohibited  or  regulated  by  section  four 
hundred  and  eighty-five  of  the  penal  law. 

2.  No  female  employee  over  the  age  of  sixteen  years 
shall  be  reqr.ired,  permitted  or  suffered  to  work  in  or  in 
connection  with  any  mercantile  establishment  more  than 
six  days  or  fifty-four  hours  in  any  one  week,  or  more 
than  nine  hours  in  any  one  day,  except  that  one  day  in 
each  week  may  be  longer  than  nine  hours  for  the  pur- 
pose of  making  one  or  more  shorter  work  days  in  the 
week;  or  before  seven  o'clock  in  the  morning  or  after 
ten  o'clock  in  the  evening  of  any  day.  This  section  does 
not  apply  to  the  employment  of  persons  sixteen  years  of 
age  or  upward  between  the  eighteenth  day  of  December 
end  the  following  twenty-fourth  day  of  December,  both 
inclusive,  or  to  such  employment  for  two  additional 
days  at  any  time  during  the  year  for  the  purpose  of 
stock  taking. 

3.  Not  less  than  forty-five  minutes  shall  be  allowed 
for  the  noonday  meal  of  the  employees  of  any  establish- 
ment specified  in  subdivision  one  hereof,  unless  the  com- 
missioner of  labor  shall  permit  a  shorter  time.  Such 
permit  shall  be  kept  conspicuously  posted  in  the  main 
entrance  of  the  establishment,  but  it  may  be  revoked  at 
any  time.  Whenever  any  employee  is  employed  or  per- 
mitted to  work  after  seven  o'clock  in  the  evening,  such 
employee  shall  be  allowed  at  least  twenty  minutes  to 
obtain  lunch  or  supper  between  five  and  seven  o'clock 
in  the  evening.  (Am'd  by  L.  1910,  ch.  3S7,  L.  1911,  ch. 
866,  L.  1913,  ch.  493,  L.  1914,  ch.  331,  and  L.  1915,  ch. 
886,  in  effect  April  26,  1915.) 


374  The  Public  Health  Law 

§  161-a.  Hours  of  labor  of  messengers.  In  cities  of 
the  first  or  second  class  no  person  under  the  age  of 
twenty-one  years  shall  be  employed  or  permitted  to  work 
as  a  messenger  for  a  telegraph  or  messenger  company 
in  the  distribution,  transmission  or  delivery  of  goods  or 
messages  before  five  o'clock  in  the  morning  or  after  ten 
o'clock  in  the  evening  of  any  day.  (Added  by  L.  1910, 
ch.  342,  in  effect  Oct.  1,  1910.) 

§  161-b.  Employment  of  children  in  carrying  and  dis- 
tributing newspapers.  Upon  obtaining  a  permit  and 
badge  as  provided  by  this  section,  a  male  child  over 
twelve  years  of  age  between  the  close  of  school  and 
six-thirty  o'clock  in  the  afternoon  and  a  male  child 
over  fourteen  years  of  age  between  five-thirty  and  eight 
o'clock  in  the  morning  may  be  employed  to  carry  and 
distribute  newspapers  on  a  newspaper  route  in  a  city 
or  village,  if  no  other  work  or  employment  be  required 
or  permitted  to  be  done  by  any  such  child  during  that 
time.  The  badge  or  permit  required  by  this  section 
shall  be  issued  to  such  child  by  the  district  superintend- 
ent or  the  board  of  education  of  the  city  or  village  and 
school  district  where  such  child  resides,  or  by  such  other 
officer  thereof  as  may  be  officially  designated  by  such 
board  for  that  purpose,  on  the  application  of  the  parent, 
guardian  or  other  person  having  the  custody  of  the 
child  desiring  such  permit  and  badge,  or  in  case  such 
child  has  no  parent,  guardian  or  custodian  then  on  the 
application  of  his  next  friend,  being  an  adult.  Such 
permit  and  badge  shall  not  be  issued  until  the  officer 
issuing  the  same  shall  have  received,  examined,  approved 
and  placed  on  file  in  his  office  satisfactory  proof  that 
such  male  child  is  of  the  age  prescribed  by  this  section, 
and  shall  also  have  received,  examined  and  placed  on 
file  the  written  statement  of  the  principal  or  chief 
executive  officer  of  the  school  which  the  child  is  attend- 
ing, stating  that  such  child  is  an  attendant  at  such 
school,  that  he  is  of  the  normal  development  of  a  child 


Extracts  feom  Labob  Law  375 

of  his  age  and  physically  fit  for  such  employment,  and 
that  such  principal  or  chief  executive  officer  approves 
the  granting  of  a  permit  and  badge  to  such  child.  No 
such  permit  or  badge  shall  be  valid  for  any  purpose 
except  during  the  period  in  which  such  proof  and  written 
statement  shall  remain  on  file,  nor  shall  such  permit  or 
badge  be  authority  beyond  the  period  fixed  therein  for 
its  duration.  After  having  received,  examined  and 
placed  on  file  such  papers  the  officer  shall  issue  to  the 
child  a  permit  and  badge.  Such  permit  shall  state  the 
date  and  place  of  birth  of  the  child,  the  name  and 
address  of  its  parent,  guardian,  custodian  or  next  friend, 
as  the  case  may  be,  and  describe  the  color  of  hair  and 
eyes,  the  height  and  weight  and  any  distinguishing 
facial  mark  of  such  child,  and  shall  further  state  that 
the  papers  required  by  this  section  have  been  duly 
examined  and  filed;  and  that  the  child  named  in  such 
permit  has  appeared  before  the  officer  issuing  the  per- 
mit. The  badge  furnished  by  the  officer  issuing  the 
permit  shall  bear  on  its  face  a  number  corresponding 
with  the  number  of  the  permit,  and  the  name  of  the 
child.  Every  such  permit,  and  every  such  badge  on  its 
reverse  side,  shall  be  signed  in  the  presence  of  the  officer 
issuing  the  same  by  the  child  in  whose  name  it  is  issued. 
The  badge  provided  for  herein  shall  be  worn  conspicu- 
ously at  all  times  by  such  child  while  so  working;  and 
all  such  permits  and  badges  shall  expire  annually  on 
the  first  day  of  January.  The  color  of  the  badge  shall 
be  changed  each  year.  No  child  to  whom  such  permit 
and  badge  are  issued  shall  transfer  the  same  to  any 
other  person  nor  be  engaged  in  any  city  or  village  in 
distributing  newspapers  without  having  conspicuously 
upon  his  person  such  badge,  and  he  shall  exhibit  the 
same  upon  demand  at  any  time  to  any  police  or  attend- 
ance officer.  (Added  by  L.  1914,  ch.  21,  in  effect  Mch. 
5,  1914.) 


376  The  Public  Health  Law 

§  162.  Employment  of  children.  No  child  under  the 
age  of  fourteen  years  shall  be  employed  or  permitted  to 
work  in  or  in  connection  with  any  mercantile  or  other 
business  or  establishment  specified  in  the  preceding  sec- 
tion. No  child  under  the  age  of  sixteen  years  shall  be 
so  employed  or  permitted  to  work  unless  an  employ- 
ment certificate,  issued  as  provided  in  this  article,  shall 
have  been  theretofore  filed  in  the  office  of  the  employer 
at  the  place  of  employment  of  such  child.  (Am'd  by 
L.  1911,  ch.  866,  in  effect  Oct.  1,  1911.) 

§  163.  Employment  certificate,  how  issued.  Such 
certificate  shall  be  issued  by  the  commissioner  of  health 
or  the  executive  officer  of  the  board  or  department  of 
health  of  the  city,  town  or  village  where  such  child 
resides  or  is  to  be  employed,  or  by  such  other  officer 
thereof  as  may  be  designated  by  such  board,  department 
or  commissioner  for  that  purpose,  upon  the  application 
of  the  parent,  guardian  or  custodian  of  the  child  desiring 
such  employment.  Such  officer  shall  not  issue  such  cer- 
tificate until  he  has  received,  examined,  approved  and 
filed  the  following  papers  duly  executed,  namely:  The 
school  record  of  such  child  properly  filled  out  and  signed 
as  provided  in  this  article;  also,  evidence  of  age  showing 
that  the  child  is  fourteen  years  old  or  upwards,  which 
shall  consist  of  the  evidence  thereof  provided  in  one 
of  the  following  subdivisions  of  this  section  and  which 
shall  be  required  in  the  order  herein  designated  as 
follows: 

(a)  Birth  certificate;  passport  or  baptismal  certifi- 
cate. A  duly  attested  transcript  of  the  birth  certificate 
filed  according  to  law  with  a  registrar  of  vital  statistics 
or  other  officer  charged  with  the  duty  of  recording 
births;  or  a  passport;  or  a  duly  attested  transcript  of 
a  certificate  of  baptism  showing  the  date  of  birth  of 
such  child. 

()>)  Other  documentary  evidence.  In  case  it  shall 
ar  to  the  satisfaction  of  the  officer  to  whom  appli- 


Extracts  from  Labor  Law  377 

cation  is  made,  as  herein  provided,  for  an  employment 
certificate,  that  a  child  for  whom  such  certificate  is 
requested  and  who  has  presented  the  school  record,  is 
in  fact  over  fourteen  years  of  age,  and  that  satisfactory 
documentary  evidence  of  age  can  be  produced,  which 
does  not  fall  within  any  of  the  provisions  of  the  preced- 
ing subdivisions  of  this  section,  and  that  none  of  the 
papers  mentioned  in  said  subdivisions  can  be  produced, 
then  and  not  otherwise  he  shall  present  to  the  board 
of  health  of  which  he  is  an  officer  or  agent,  for  its  action 
thereon,  a  statement  signed  by  him  showing  such  facts, 
together  with  such  papers  as  may  have  been  produced 
before  him  constituting  such  evidence.  The  commis- 
sioner of  health,  or  when  officially  authorized,  the  issu- 
ing officer  of  the  board  or  department  of  health  may 
then  accept  such  evidence  as  sufficient  as  to  the  age  of 
such  child,  and  a  record  of  such  evidence  shall  be  fully 
entered  on  the  minutes  of  the  board  at  the  next  meet- 
ing thereof. 

(c)  Physicians'  certificates.  In  cities  of  the  first 
class  only,  in  case  application  for  the  issuance  of  an 
employment  certificate  shall  be  made  to  such  officer  by 
a  child's  parent,  guardian  or  custodian  who  alleges  his 
inability  to  produce  any  of  the  evidence  of  age  specified 
in  the  preceding  subdivisions  of  this  section,  and  if  the 
child  is  apparently  at  least  fourteen  years  of  age,  such 
officer  may  receive  and  file  an  application  signed  by  the 
parent,  guardian  or  custodian  of  such  child  for  physi- 
cians' certificates.  Such  application  shall  contain  the 
alleged  age,  place  and  date  of  birth,  and  present  resi- 
dence of  such  child,  together  with  such  further  facts  as 
may  be  of  assistance  in  determining  the  age  of  such 
child.  Such  application  shall  be  filed  for  not  less  than 
sixty  days  after  date  of  such  application  for  such  physi- 
cians' certificates,  for  an  examination  to  be  made  of  the 
statements  contained  therein,  and  in  case  no  facts 
appear  within  such  period  or  by  such  examination 
tending  to  discredit  or  contradict  any  material  statement 


378  The  Public  Health  Law 

of  such  application,  then  and  not  otherwise  the  officer 
may  direct  such  child  to  appear  thereafter  for  physical 
examination  before  two  physicians  officially  designated 
by  the  board  of  health,  and  in  case  such  physicians  shall 
certify  in  writing  that  they  have  separately  examined 
such  child  and  that  in  their  opinion  such  child  is  at 
least  fourteen  years  of  age  such  officer  shall  accept  such 
certificates  as  sufficient  proof  of  the  age  of  such  child 
for  the  purposes  of  this  section.  In  case  the  opinions  of 
such  physicians  do  not  concur,  the  child  shall  be  ex- 
amined by  a  third  physician  and  the  concurring  opinions 
shall  be  conclusive  for  the  purpose  of  this  section  as  to 
the  age  of  such  child. 

Such  officer  shall  require  the  evidence  of  age  specified 
in  subdivision  (a)  in  preference  to  that  specified  in  any 
subsequent  subdivision  and  shall  not  accept  the  evi- 
dence of  age  permitted  by  any  subsequent  subdivision 
unless  he  shall  receive  and  file  in  addition  thereto  an 
affidavit  of  the  parent  showing  that  no  evidence  of  age 
specified  in  any  preceding  subdivision  or  subdivisions  of 
this  section  can  be  produced.  Such  affidavit  shall  con- 
tain the  age,  place  and  date  of  birth,  and  present  resi- 
dence of  such  child,  which  affidavit  must  be  taken  before 
the  officer  issuing  the  employment  certificate,  who  is 
hereby  authorized  and  required  to  administer  such  oath 
and  who  shall  not  demand  or  receive  a  fee  therefor. 

Such  employment  certificate  shall  not  be  issued  until 
such  child  further  has  personally  appeared  before  and 
been  examined  by  the  officer  issuing  the  certificate,  and 
until  such  officer  shall,  after  making  such  examination, 
sign  and  file  in  his  office  a  statement  that  the  child  can 
read  and  write  correctly  simple  sentences  in  the  English 
language  and  that  in  his  opinion  the  child  is  fourteen 
years  of  age  or  upwards  and  has  reached  the  normal 
development  of  a  child  of  its  age,  and  is  in  sound  health 
and  is  physically  able  to  perform  the  work  it  intends 
to  do.   Every  such  employment  certificate  shall  be  signed 


Extracts  from  Laboe  Law  379 

in  the  presence  of  the  officer  issuing  the  same,  by  the 
child  in  whose  name  it  is  issued.  In  every  case,  before 
an  employment  certificate  is  issued,  such  physical  fit- 
ness shall  be  determined  by  a  medical  officer  of  the 
department  or  board  of  health,  who  shall  make  a  thor- 
ough physical  examination  of  the  child  and  record  the 
result  thereof  on  a  blank  to  be  furnished  for  the  purpose 
by  the  industrial  commission  and  shall  set  forth  thereon 
such  facts  concerning  the  physical  condition  and  history 
of  the  child  as  the  industrial  commissioner  may  require. 

In  case  the  evidence  of  age,  filed  as  in  this  section  pro- 
vided, shows  such  child  to  be  fourteen  years  old  but 
fails  to  show  such  child  to  be  fifteen  years  old,  no 
employment  certificate  shall  be  issued  unless  such  child, 
in  addition  to  complying  with  all  the  requirements  of 
this  section  and  producing  the  school  record  described 
in  section  seventy-three,  shall  also  present  a  certificate 
of  graduation  properly  issued  in  the  name  of  such  child, 
from  a  public  elementary  school,  or  school  equivalent 
thereto,  or  parochial  school,  or  a  preacademic  certificate 
issued  by  the  regents,  or  a  certificate  of  the  completion 
of  an  elementary  course  issued  by  the  education  depart- 
ment. (Am'd  by  L.  1913,  eh.  144,  and  L.  1916,  ch.  465, 
in  effect  Feb.  1,  1917.) 

§  164.  Contents  of  certificate.  Such  certificate  shall 
state  the  date  and  place  of  birth  of  the  child,  and 
describe  the  color  of  hair  and  eyes  and  the  height  and 
weight  and  any  distinguishing  facial  marks  of  such 
child,  and  that  the  papers  required  by  the  preceding 
section  have  been  duly  examined,  approved  and  filed 
and  that  the  child  named  in  such  certificate  has  ap- 
peared before  the  officer  signing  the  certificate  and  been 
examined. 

§  165.  School  record,  what  to  contain.  The  school 
record  required  by  this  article  shall  be  signed  by  the 
principal  or  chief  executive  officer  of  the  school  which 
such   child   has   attended   and    shall   be    furnished   on 


380  The  Public  Health  Law 

demand  to  a  child  entitled  thereto  or  to  the  board, 
department  or  commissioner  of  health.  It  shall  contain 
a  statement  certifying  that  the  child  has  regularly 
attended  the  public  schools  or  schools  equivalent  thereto 
or  parochial  schools  for  not  less  than  one  hundred  and 
thirty  days  during  the  twelve  months  next  preceding 
his  fourteenth  birthday,  or  during  the  twelve  months 
next  preceding  his  application  for  such  school  record, 
and  is  able  to  read  and  write  simple  sentences  in  the 
English  language,  has  received  during  such  period  in- 
struction in  reading,  spelling,  writing,  English  grammar 
and  geography,  and  is  familiar  with  the  fundamental 
operations  of  arithmetic  up  to  and  including  fractions 
and  has  completed  the  work  prescribed  for  the  first  six 
years  of  the  public  elementary  school  or  school  equiva- 
lent thereto  or  parochial  school,  from  which  such 
school  record  is  issued.  Such  school  record  shall  also 
give  the  date  of  birth  and  residence  of  the  child  as 
shown  on  the  records  of  the  school  and  the  name  of  its 
parent  or  guardian  or  custodian.  (Am'd  by  L.  1913, 
ch.  144,  in  effect  Oct.  1,  1913.) 

§  166.  Supervision  over  issuance  of  certificates.  The 
board  or  department  of  health  or  health  commissioner 
of  a  city,  village  or  town  shall  transmit  between  the 
first  and  tenth  day  of  each  month  to  the  commissioner 
of  labor  a  list  of  the  names  of  all  children  to  whom  cer- 
tificates have  been  issued  during  the  preceding  month, 
together  with  a  duplicate  record  of  all  examinations  as 
to  physical  fitness,  including  those  resulting  in  rejec- 
tion. In  cities  of  the  first  and  second  class  all  employ- 
ment certificates  and  school  records  required  under  the 
provisions  of  this  chapter  shall  be  in  such  form  as  shall 
be  approved  by  the  commissioner  of  labor.  In  towns, 
villages  or  cities  other  than  cities  of  the  first  or  second 
class,  the  commissioner  of  labor  shall  prepare  and 
furnish   blank   forms   for   such   employment   certificates 


Extracts  from  Labor  Law  381 

\nd  school  records.  No  school  record  or  employment 
Certificate  required  by  this  article,  other  than  those 
approved  or  furnished  by  the  commissioner  of  labor  as 
above  provided,  shall  be  used.  The  commissioner  of 
labor  shall  inquire  into  the  administration  and  enforce- 
ment of  the  provisions  of  this  article  by  all  public 
officers  charged  with  the  duty  of  issuing  employment 
certificates,  and  for  that  purpose  the  commissioner  of 
labor  shall  have  access  to  all  papers  and  records  required 
to  be  kept  by  all  such  officers.  (Added  by  L.  1913,  ch. 
144,  in  effect  Oct.  1,  1913.) 

§  167.  Registry  of  children  employed.  The  owner, 
manager  or  agent  of  a  mercantile  or  other  establish- 
ment specified  in  section  one  hundred  and  sixty-one, 
employing  children,  shall  keep  or  cause  to  be  kept  in 
the  office  of  such  establishment,  a  register,  in  which 
shall  be  recorded  the  name,  birthplace,  age  and  place  of 
residence  of  all  children  so  employed  under  the  age  of 
sixteen  years.  Such  register  and  the  certificate  filed  in 
such  office  shall  be  produced  for  inspection,  upon  the 
demand  of  an  officer  of  the  board,  department  or  com- 
missioner of  health  of  the  town,  village  or  city  where 
such  establishment  is  situated,  or  if  such  establishment 
is  situated  in  a  city  of  the  first  or  second  class,  upon 
the  demand  of  the  commissioner  of  labor.  On  termina- 
tion of  the  employment  of  the  child  so  registered  and 
whose  certificate  is  so  filed,  such  certificate  shall  be 
forthwith  surrendered  by  the  employer  to  the  child  or 
its  parent  or  guardian  or  custodian.  An  officer  of  the 
board,  department  or  commissioner  of  health  of  the 
town,  village  or  city  where  a  mercantile  or  other  estab- 
lishment mentioned  in  this  article  is  situated,  or  if  such 
establishment  is  situated  in  a  city  of  the  first  or  second 
class  the  commissioner  of  labor  may  make  demand  on 
an  employer  in  whose  establishment  a  child  apparently 
under  the  age  of  sixteen  years  is  employed  or  permitted 


382  The  Public  Health  Law 

or  suffered  to  work,  and  whose  employment  certificate 
is  not  then  filed  as  required  by  this  chapter,  that  such 
employer  shall  either  furnish  him,  within  ten  days, 
evidence  satisfactory  to  him  that  such  child  is  in  fact 
over  sixteen  years  of  age,  or  shall  cease  to  employ  or 
permit  or  suffer  such  child  to  work  in  such  establish- 
ment. The  officer  may  require  from  such  employer  the 
same  evidence  of  age  of  such  child  as  is  required  on  the 
issuance  of  an  employment  certificate  and  the  employer 
furnishing  such  evidence  shall  not  be  required  to  fur- 
nish any  further  evidence  of  the  age  of  the  child.  A 
notice  embodying  such  demand  may  be  served  on  such 
employer  personally  or  may  be  sent  by  mail  addressed 
to  him  at  said  establishment,  and  if  served  by  post  shall 
be  deemed  to  have  been  served  at  the  time  when  the 
letter  containing  the  same  would  be  delivered  in  the 
ordinary  course  of  the  post.  When  the  employer  is  a 
corporation  such  notice  may  be  served  either  person- 
ally upon  an  officer  of  such  corporation,  or  by  sending  it 
by  post  addressed  to  the  office  or  the  principal  place  of 
business  of  such  corporation.  The  papers  constituting 
such  evidence  of  age  furnished  by  the  employer  in  re- 
sponse to  such  demand  shall,  except  in  cities  of  the  first 
and  second  class,  be  filed  with  the  board,  department  or 
commissioner  of  health,  and  in  cities  of  the  first  and 
second  class  with  the  commissioner  of  labor,  and  a 
material  false  statement  made  in  any  such  paper  or 
affidavit  by  any  person  shall  be  a  misdemeanor.  In  case 
such  employer  shall  fail  to  produce  or  deliver  to  the 
officer  of  the  board,  department  or  commissioner  of 
health,  or  in  cities  of  the  first  and  second  class  to  the 
commissioner  of  labor,  within  ten  days  after  such  de- 
mand such  evidence  of  age  herein  required  by  him,  and 
shall  thereafter  continue  to  employ  such  child  or  permit 
or  suffer  such  child  to  work  in  such  mercantile  or  other 
establishment,  proof  of  the  giving  of  such  notice  and  of 


Extracts  from  Labor  Law  383 

such  failure  to  produce  and  file  such  evidence  shall  be 
prima  facie  evidence  in  any  prosecution  brought  for  a 
violation  of  this  article  that  such  child  is  under  sixteen 
years  of  age  and  is  unlawfully  employed.  (Am'd  T5y 
L.  1913,  ch.  145,  §  14,  in  effect  Mch.  28,  1913.) 

§  168.  Cleanliness  of  rooms.  Every  room  in  a  mer- 
cantile establishment  and  the  floor,  walls,  ceilings,  win- 
dows and  every  other  part  thereof  and  all  fixtures 
therein  shall  at  all  times  be  kept  in  a  clean  and  sani- 
tary condition.  Floors  shall,  at  all  times,  be  main- 
tained in  a  safe  condition.  Suitable  receptacles  shall  be 
provided  and  used  for  the  storage  of  waste  and  refuse; 
such  receptacles  shall  be  maintained  in  a  sanitary  con- 
dition. (Am'd  by  L.  1911,  ch.  S66,  L.  1913,  ch.  145, 
and  L.  1914,  ch.  183,  in  effect  Oct.  1,  1914.) 

§  168-a.  Cleanliness  of  buildings.  Every  part  of  a 
building  in  which  a  mercantile  establishment  is  located 
and  of  the  premises  thereof  and  the  yards,  courts,  pas- 
sages, areas  or  alleys  connected  with  or  belonging  to 
the  same,  shall  be  kept  free  from  any  accumulation  of 
dirt,  filth,  rubbish  or  garbage.  The  roof,  passages, 
stairs,  halls,  basements,  cellars,  privies,  water-closets, 
and  all  other  parts  of  such  building  and  the  premises 
thereof  shall  at  all  times  be  kept  in  a  clean,  sanitary 
and  safe  condition.  The  entire  building  and  premises 
shall  be  well  drained  and  the  plumbing,  cesspools  and 
drains  thereof  at  all  times  kept  in  proper  repair  and  in 
a  sanitary  condition.  (Added  by  L.  1914,  ch.  183,  in 
effect  Oct.  1,  1914.) 

§  168-b.  Drinking  water.  In  every  mercantile  estab- 
lishment there  shall  be  provided  at  all  times  for  the 
use  of  employees  a  sufficient  supply  of  clean  and  pure 
drinking  water.  Such  water  shall  be  supplied  through 
proper  pipe  connections  with  water  mains  through 
which  is  conveyed  the  water  used  for  domestic  pur- 
poses, or  from  a  spring  or  well  or  body  of  pure  water. 
If  such  drinking  water  be  placed  in  receptacles  in  the 


384  The  Public  Health  Law 

mercantile  establishment,  such  receptacles  shall  be  prop- 
erly covered  to  prevent  contamination  and  shall  be  thor- 
oughly cleaned  at  frequent  intervals.  (Added  by  L. 
1914,  ch.  183,  in  effect  Oct.  1,  1914.) 

§  168-c.  Wash-rooms  and  washing  facilities.  In  every 
mercantile  establishment  there  shall  be  provided  and 
maintained  for  the  use  of  employees  adequate  and  con- 
venient wash-rooms,  or  washing  facilities.  Such  wash- 
ing facilities  shall  consist  of  sinks  or  stationary  basins 
provided  with  running  water  or  with  tanks  holding  an 
adequate  supply  of  clean  water  and  shall  be  separate  for 
each  sex  wherever  required  by  the  rules  of  the  industrial 
board.  Every  wash-room  shall  be  provided  with  ade- 
quate means  of  ventilation  and  heating  and  artificial 
illumination.  (Added  by  L.  1914,  ch.  183.  In  effect 
Oct.  1,  1914.) 

§  168-d.  Dressing  rooms.  In  every  mercantile  estab- 
lishment where  more  than  five  women  are  employed  a 
sufficient  number  of  dressing  rooms  conveniently  located 
shall  be  provided  for  their  use.  Each  dressing  room 
shall  be  properly  ventilated  by  a  window  or  by  suitable 
ducts  leading  to  the  outer  air  and  shall  be  enclosed 
by  partitions  or  walls.  Each  dressing  room  shall  be 
provided  with  adequate  means  for  artificial  illumina- 
tion, suitable  means  for  hanging  clothes  and  a  suitable 
number  of  seats  and  shall  be  properly  heated  and  ven- 
tilated. Each  dressing  room  shall  be  separated  from 
any  water-closet  compartment  by  adequate  partitions. 
Adequate  floor  space  shall  be  provided  in  dressing  rooms 
in  proportion  to  the  number  of  employees.  Where  more 
than  ten  women  are  employed  such  dressing  room  shall 
have  a  floor  space  of  not  less  than  sixty  square  feet  and 
shall  have  at  least  one  window  opening  to  the  outer 
air.     (Added  by  L.  1914,  ch.  183,  in  effect  Oct.  1,  1914.) 

§  lf>8-e.  Water-closets.     1.  There  shall  be  provided  for 


Extracts  from  Labor  Law  385 

every  mercantile  establishment  a  sufficient  number  of 
suitable  and  convenient  water-closets.  All  water-closets 
shall  be  maintained  inside  the  mercantile  establishment 
except  where,  in  the  opinion  of  the  commissioner,  it  is 
impracticable  to  do  so. 

2.  There  shall  be  separate  water-closet  compartments 
or  toilet  rooms  for  females,  to  be  used  by  them  exclu- 
sively, and  notice  to  that  effect  shall  be  clearly  marked 
at  the  entrance  of  such  compartments  or  rooms.  The 
entrance  to  every  water-closet  shall  be  effectively 
screened  by  a  partition  or  vestibule.  Where  water- 
closets  for  males  and  females  are  in  adjoining  compart- 
ments or  toilet  rooms,  there  shall  be  partitions  of  sub- 
stantial construction  between  the  compartments  or 
rooms  extending  from  the  floor  to  the  ceiling  and  such 
partitions  shall  be  plastered  or  metal  covered  to  a  suffi- 
cient height.  Whenever  any  water-closet  compartments 
open  directly  into  the  workroom,  exposing  the  interior, 
they  shall  be  screened  from  view  by  a  partition  or  a 
vestibule.  The  use  of  curtains  for  screening  purposes  is 
prohibited. 

3.  The  use  of  any  form  of  trough  water-closet,  latrine 
or  school  sink  within  any  mercantile  establishment  is 
prohibited  except  such  fixtures  in  existence  on  the  first 
day  of  October,  nineteen  hundred  and  fourteen,  having 
a  common  flushing  system  and  approved  by  the  indus- 
trial board  in  its  rules.  All  such  trough  water-closets, 
latrines  or  school  sinks  shall,  before  the  first  day  of 
October,  nineteen  hundred  and  fifteen,  be  completely 
removed  and  the  place  where  they  were  located  prop- 
erly disinfected  under  the  direction  of  the  department. 

4.  Every  water-closet  "installed  before  October  first, 
nineteen  hundred  and  fourteen,  inside  any  mercantile 
establishment,  shall  have  a  basin  of  enameled  iron  or 
earthenware,  and  shall  be  flushed  from  a  separate  water- 
supplied  cistern  or  through  a  proper  valve  connected  in 

13 


386  The  Public  Health  Law 

such  manner  as  to  keep  the  water  supply  of  the  estab- 
lishment free  from  contamination. 

5.  All  woodwork  enclosing  water-closet  fixtures  shall 
be  removed  from  the  front  of  the  closet  and  the  space 
underneath  the  seat  shall  be  left  open.  All  water- 
closet  compartments  or  toilet  rooms  constructed  before 
October  first,  nineteen  hundred  and  fourteen,  shall  have 
windows  opening  directly  to  the  outer  air  or  shall  be 
otherwise  properly  ventilated  to  the  outer  air  by  suit- 
able ducts,  and  shall  be  provided  with  means  for  arti- 
ficial illumination. 

6.  All  water-closets,  urinals,  water-closet  compart- 
ments and  toilet  rooms  hereafter  installed  in  a  mercan- 
tile establishment,  including  those  provided  to  replace 
existing  fixtures  shall  be  properly  constructed,  installed, 
ventilated,  lighted  and  maintained  in  accordance  with 
such  rules  as  may  be  adopted  by  the  industrial  board. 

7.  All  water-closet  compartments  and  toilet  rooms, 
and  the  floors,  walls,  ceilings  and  surface  thereof,  and 
all  fixtures  therein,  and  all  water-closets  and  urinals 
Lhall  at  all  times  be  maintained  in  a  clean  and  sanitary 
condition.  The  floor  or  other  surface  beneath  and 
around  the  closet  shall  be  maintained  in  good  order 
and  repair  and  all  the  woodwork  shall  be  kept  well 
painted  with  a  light  colored  paint.  The  enclosure  of 
each  compartment  and  toilet  room  shall  be  kept  free 
from  obscene  writing  or  marking.  Where  the  water 
supply  to  water-closets  or  urinals  is  liable  to  freeze,  the 
water-closet  compartment  shall  be  properly  heated  so 
as  to  prevent  freezing,  or  the  supply  and  flush  pipes, 
cisterns  and  traps  and  valves  shall  be  effectively  covered 
with  wool  felt  or  hair  felt,  or»  other  adequate  covering. 

(Added  by  L.  1914,  ch.  1S3,  in  effect  Oct.  1,  1914.) 

§  168-f.  Ventilation.  Every  mercantile  establishment 
shall  be  provided  with  proper  and  sufficient  means  of 
ventilation  by  natural  or  mechanical  means  or  both,  as 
may  be  necessary,  and  there  shall  be  maintained  therein 
proper  and  sufficient  ventilation  and  proper  degrees  of 


Extracts  from  Labor  Law  387 

temperature  and  humidity  at  all  times  during  working 
hours.  The  industrial  board  shall  make  rules  for  and 
fix  standards  of  ventilation,  temperature  and  humidity 
in  mercantile  establishments.  (Added  by  L.  1914,  ch. 
183,  in  effect  Oct.  1,  1914.) 

§  169.  Lunch-rooms.  If  a  lunch-room  is  provided  in 
a  mercantile  establishment  where  females  are  employed, 
such  lunch-room  shall  not  be  next  to  or  adjoining  the 
water-closets,  unless  permission  is  first  obtained  from 
the  board  or  department  of  health  or  health  commis- 
sioners of  the  town,  village  or  city  where  such  mercan- 
tile establishment  is  situated,  unless  such  establish- 
ment is  situated  in  a  city  of  the  first  or  second  class  in 
which  case  such  permission  must  be  obtained  from  the 
commissioner  of  labor.  Such  permission  shall  be  granted 
unless  it  appears  that  proper  sanitary  conditions  do  not 
exist,  and  it  may  be  revoked  at  any  time  by  the  board 
or  department  of  health  or  health  commissioners,  if  it 
appears  that  such  lunch-room  is  kept  in  a  manner  or  in 
a  part  of  a  building  injurious  to  the  health  of  the  em- 
ployees, unless  such  establishment  is  situated  in  a  city 
of  the  first  or  second  class,  in  which  case  said  permis- 
sion may  be  so  revoked  by  the  commissioner  of  labor. 
(Am'd  by  L.  1913,  ch.  145,  in  effect  March  28,  1913.) 

§  170.  Seats  for  women  in  mercantile  establishments. 
Chairs,  stools  or  other  suitable  seats  shall  be  main- 
tained in  mercantile  establishments  for  the  use  of  female 
employees  therein,  to  the  number  of  at  least  one  seat 
for  every  three  females  employed,  and  the  use  thereof 
by  such  employees  shall  be  allowed  at  such  times  and 
to  such  extent  as  may  be  necessary  for  the  preservation 
of  their  health.  If  the  duties  of  the  female  employees, 
for  the  use  of  whom  the  seats  are  furnished,  are  to  be 
principally  performed  in  front  of  a  counter,  table,  desk 
or  fixture,  such  seats  shall  be  placed  in  front  thereof; 
if  such  duties  are  to  be  principally  performed  behind 


388  The  Public  Health  Law 

such  counter,  table,  desk  or  fixture,  such  seats  shall  be 
placed  behind  the  same. 

§  171.  Employment  of  women  and  children  in  base- 
ments. Women  or  children  shall  not  be  employed  or 
permitted  to  work  in  the  basement  of  a  mercantile 
establishment,  unless  permitted  by  the  board  or  depart- 
ment of  health,  or  health  commissioners  of  the  town, 
village  or  city  where  such  mercantile  establishment  is 
situated,  unless  such  establishment  is  situated  in  a  city 
of  the  first  or  second  class  in  which  case  such  permission 
must  be  obtained  from  the  commissioner  of  labor.  Such 
permission  shall  be  granted  unless  it  appears  that  such 
basement  is  not  sufficiently  lighted  and  ventilated,  and 
is  not  in  good  sanitary  condition.  (AmM  by  L.  1913, 
ch.  145,  §  14,  in  effect  March  28,  1913.) 

§  172.  Enforcement  of  article.  Except  in  cities  of 
the  first  and  second  elass  the  board  or  department  of 
health  or  health  commissioners  of  a  town,  village  or 
city  affected  by  this  article  shall  enforce  the  same  and 
prosecute  all  violations  thereof.  Proceedings  to  prose- 
cute such  violations  must  be  begun  within  sixty  days 
after  the  alleged  offense  was  committed.  All  officers 
and  members  of  such  boards  or  department,  all  health 
commissioners,  inspectors  and  other  persons  appointed 
or  designated  by  such  boards,  departments  or  commis- 
sioners may  visit  and  inspect,  at  reasonable  hours  and 
when  practicable  and  necessary,  all  mercantile  or  other 
establishments  herein  specified  within  the  town,  village 
or  city  for  which  they  were  appointed.  No  person  shall 
interfere  with  or  prevent  any  such  officer  from  making 
euch  visitations  and  inspections,  nor  shall  he  be  ob- 
structed or  injured  by  force  or  otherwise  while  in  the 
performance  of  his  duties.  All  persons  connected  with 
any  such  mercantile  or  other  establishment  herein 
specified  shall  properly  answer  all  questions  asked  by 
such  officer  or  inspector  in  reference  to  any  of  the  pro- 
visions of  this  article.    In  cities  of  the  first  and  second 


Extracts  from  Penal  Law  389 

class  the  commissioner  of  labor  shall  enforce  the  pro- 
visions of  this  article,  and  for  that  purpose  he  and  his 
subordinates  shall  possess  all  powers  herein  conferred 
upon  town,  village,  or  city  boards  and  departments  of 
health  and  their  commissioners,  inspectors,  and  other 
officers,  except  that  the  board  or  department  of  health 
of  said  cities  of  the  first  and  second  class  shall  continue 
to  issue  employment  certificates  as  provided  in  section 
one  hundred  and  sixty-three  of  this  chapter.  (Am'd  by 
L.  1913,  ch.  145,  §  14,  in  effect  March  28,  1913.) 

§  173.  Laws  to  be  posted.  A  copy  or  abstract  of 
applicable  provisions  of  this  chapter  and  of  the  rules 
and  regulations  of  the  industrial  board  to  be  prepared 
and  furnished  by  the  commissioner  of  labor  shall  be 
kept  posted  by  the  employer  in  a  conspicuous  place  on 
each  floor  of  every  mercantile  or  other  establishment 
specified  in  article  twelve  of  this  chapter  situated  in 
cities  of  the  first  or  second  class,  wherein  three  or  more 
persons  are  employed  who  are  affected  by  such  pro- 
visions. (Am'd  by  L.  1913,  ch.  145,  §  14,  in  effect 
March  28,  1913.) 


EXTRACTS  FROM  PENAL  LAW 

(L.  1909,  ch.  88,  const,  ch.  40  of  Cons.  Laws) 

ARTICLE  XVI 

Keeping  milch   cows  in  unhealthy  places  and  feeding 
them  with  food  producing  unwholesome  milk. 

§  192.  A  person  who  keeps  a  cow  or  any  animal  for 
the  production  of  milk,  in  a  crowded  or  unhealthy  place, 
or  in  a  diseased  condition,  or  feeds  such  cow  or  animal 
upon  any  food  that  produces  impure  or  unwholesome 
milk,  is  punishable  by  a  fine  not  less  than  fifty  dollars, 
or  imprisonment  not  exceeding  one  year,  or  by  both. 


390  The  Public  Health  Law 

ARTICLE    XLIV 

Children 

§  482.  Unlawfully  omitting  to  provide  for  child.  A 
person  who:  1.  Wilfully  omits,  without  lawful  excuse, 
to  perform  a  duty  by  law  imposed  upon  him  to  furnish 
food,  clothing,  shelter  or  medical  attendance  to  a  minor, 
or  to  make  such  payment  toward  its  maintenance  as 
may  have  been  required  by  the  order  of  a  court  or 
magistrate  when  such  minor  has  been  committed  to  an 
institution;  or, 

2.  Xot  being  a  superintendent  of  the  poor,  or  a  super- 
intendent of  almshouses,  or  an  institution  duly  incor- 
porated for  the  purpose  without  having  first  obtained  a 
license  in  writing  so  to  do  from  the  board  of  health  of 
the  city  or  town  wherein  such  females  or  children  arc 
received,  boarded  or  kept,  erects,  conducts,  establishes 
or  maintains  any  maternity  hospital,  lying-in- asylum 
where  females  may  be  received,  cared  for  or  treated 
during  pregnancy,  or  during  or  after  delivery;  or  re- 
ceives, boards  or  keeps  any  nursing  children,  or  any 
children  under  the  age  of  twelve  years  not  his  relative 
apprentices,  pupils  or  wards  without  legal  commitment; 
or, 

3.  Being  a  midwife,  nurse  or  other  person  having  the 
care  of  an  infant  within  the  age  of  two  weeks  neglects 
or  omits  to  report  immediately  to  the  health  officer  or 
to  a  legally  qualified  practitioner  of  medicine  of  the 
city,  town  or  place  where  such  child  is  being  cared  for, 
the  fact  that  one  or  both  eyes  of  such  infant  are  in- 
flamed or  reddened  whenever  such  shall  be  the  case,  or 
Avho  applies  any  remedy  therefor  without  the  advice,  or 
except  by  the  direction  of  such  officer  or  physican; 
or. 

4.  Neglects,  refuses  or  omits  to  comply  with  any  pro- 
visions of  this  section,  or  violates  the  provisions  of  such 
license, 


Extracts  from  Penal  Law  3J)1 

Is  guilty  of  a  misdemeanor. 

Every  such,  license  must  specify  the  name  and  resi- 
dence of  the  person  so  undertaking  the  care  of  such 
females  or  children,  and  the  place  and  the  number  of 
females  or  children  thereby  allowed  to  be  received, 
boarded  and  kept  therein,  and  shall  be  revocable  at  will 
by  the  authority  granting  it.  Every  person  so  licensed 
must  keep  a  register  wherein  he  shall  enter  the  names 
and  ages  of  all  such  children  and  of  all  children  born 
on  said  premises,  and  the  names  and  residences  of  their 
parents,  as  far  as  known,  the  time  of  the  reception  and 
discharge  of  such  children  and  the  reasons  therefor,  and 
also  a  correct  register  of  the  name  and  age  of  every  child 
under  the  age  of  five  years  who  is  given  out,  adopted, 
taken  away  or  indentured  from  such  place  to  or  by  any 
one,  together  with  the  name  and  residence  of  the  person 
so  adopting,  taking  or  indenturing  such  child;  and 
shall  cause  a  correct  copy  of  such  register  to  be  sent  to 
the  authority  issuing  such  license  within  forty-eight 
hours  after  such  child  is  so  given  out,  adopted,  taken 
away  or  indentured.  It  shall  be  lawful  for  the  officers 
of  any  incorporated  society  for  the  prevention  of  cruelty 
to  children  and  of  such  board  of  health  at  all  reason- 
able times  to  enter  and  inspect  the  premises  wherein 
such  females  and  children  are  so  boarded,  received  or 
kept,  and  also  such  license,  register  and  the  children. 

5.  No  institution  shall  be  incorporated  for  any  of  the 
purposes  mentioned  in  this  secticn  except  with  the  writ- 
ten consent  and  approbation  of  a  justice  of  the  supreme 
court,  upon  the  certificate  in  writing  of  the  state  board 
of  charities  approving  of  the  organization  and  incor- 
poration of  such  institution.  The  said  board  of  chari- 
ties may  apply  to  the  supreme  court  for  the  cancellation 
of  any  certificate  of  incorporation  previously  filed  with- 
out its  approval,  and  may  institute  and  maintain  an 
action   in   such   court   through  the   attorney-general  to 


392  The  Public  Health  Law 

procure  a  judgment  dissolving  any  such  corporation  not 
so  incorporated  and  forfeiting  its  corporate  rights,  privi- 
leges and  franchises. t 

ARTICLE   CXXXVI 

§  1450.  Solemnizing  unlawful  marriages  and  unlaw- 
ful solemnizing  of  marriages.  A  minister  or  magis- 
trate who  solemnize*  a  marriage  when  either  of  the 
parties  is  known  to  him  to  be  under  the  age  of  legal 
consent,  or  to  be  an  idiot  or  insane  person,  or  a  mar- 
riage to  which  within  his  knowledge  a  legal  impediment 
exists,  or  any  person  not  authorized  by  the  laws  of  this 
state  to  perform  marriage  ceremonies  who  shall  sol- 
emnize or  presume  to  solemnize,  with  intent  to  deceive, 
any  marriage  between  any  parties  is  guilty  of  a  mis- 
demeanor. Until  a  marriage  has  been  dissolved  or 
annulled  by  a  proper  tribunal  or  court  of  competent 
jurisdiction,  any  person  who  shall  assume  to  grant  a 
divorce,  in  writing,  purporting  to  divorce  husband  and 
wife  and  permitting  them  or  either  of  them  to  lawfully 
marry  again,  shall  be  guilty  of  a  misdemeanor  punish- 
able by  fine  for  the  first  offense  not  exceeding  five 
hundred  dollars,  and  for  the  second  offense  one  thousand 
dollars,  or  imprisonment  not  exceeding  one  year,  or 
both  such  fine  and  imprisonment.  (Am'd  by  L.  1916, 
eh.  368,  in  effect  Sept.  1,  1916.) 

§  1451.  Unlawful  procurement  of  marriage  license. 
A  person  who,  having  a  husband  or  wife  living,  takes 
out  a  license  to  marry  another  person,  is  guilty  of  a 
misdemeanor.  The  exceptions  in  section  three  hundred 
and  forty-one  of  this  chapter  are  applicable  to  this 
section.  (Added  by  L.  1916,  ch.  482,  in  effect  May  9, 
1916.) 


t  Section  130,  Membership  Corporations  Law  gives  method  of  in- 
corporating hospitals,  dispensaries,  etc. 
*So  in  original. 


Extracts  fi*om  Fenal  Law  5i)3 

ARTICLE    CXLVIII 

Crimes  Against  the  Public  Health  and  Safety 

§  1530,  Public  nuisance  defined.  A  "  public  nuisance  " 
is  a  crime  against  the  order  and  economy  of  the  Btate, 
and  consists  in  unlawfully  doing  an  act,  or  omitting  to 

perform  a  duty,  which  act  or  omission: 

1.  Annoys,  injures,  <>r  endangers  the  comfort,  repose, 
health  or  safety  of  any  considerable  number  of  persons; 
or 

2.  Offends  public  decency;  or 

3.  Unlawfully  Interferes  with,  obstructs,  or  tends  to 

obstruct,  or  renders  dangerous  for  passage,  a  lake,  or  a 
navigable  river,  bay,  stream,  canal  or  basin,  or  a  stream, 

creek,  or  other  body  of  water  which  has  been  dredged 
or  cleared   at   public  expense,  or   a  public    park,   square, 

street  or  highway  •,  or 

4.  In  any  way  renders  a.  considerable  number  of  per- 
sons insecure   in   life,  or  the  use  of  property. 

§  If).']].  Unequal  damage.  An  act  which  affects  a  con- 
siderable  number   of    persons,    in    either   of   the   frays 

Specified  in  the  last  Section,  is  not  less  a.  nuisance 
because  the  extent  of  the  damage*  is  unequal. 

§  1582.  Maintaining  a  nuisance.  A  person,  who  corn- 
nuts  or  maintains  a  public  nuisance,  the  punishment 

for  which  is  not  specially  prescribed,  or  who  wilfully 
omits  or  refuses  to  perforin  any  legal  duty  relating  to 
the  removal  of  such  a  public  nuisance,  is  guilty  of  a 
misdemeanor. 

§  A93&  Permitting  use  of  building  for  nuisance; 
opium  smoking.     A  person  who: 

1.  LetS,  or  permits  |o  be  used,  a  building,  or  portion 
Of  a  building,  knowing  that  it  is  Intended  to  be  used 
for  cOmmittittg  or  maintaining  a   public  nuisance;   or, 

2.  Opens  or  maintains  a  place  where  opium,  or  any 
of  its  preparations,   is  smoked   by  other   persons;    or, 

Ik  At   such    place   sells  or   gives   away    any   opium,   or 


394  The  Public  Health  Law 

its  said  preparations,  to  be  there  smoked  or  otherwise 
used;  or, 

4.  Visits  or  resorts  to  any  such  place  for  the  purpose 
of  smoking  opium  or  its  said  preparations, 

Is  guilty  of  a  misdemeanor. 

§  1740.  Wilful  violation  of  health  laws.  1.  A  person 
who  wilfully  violates  or  refuses  or  omits  to  comply  with 
any  lawful  order  or  regulation  prescribed  by  any  local 
board  of  health  or  local  health  officer,  is  guilty  of  a 
misdemeanor. 

2.  A  person  who  wilfully  violates  any  provision  of 
the  health  laws,  or  any  regulation  lawfully  made  or 
established  by  any  public  officer  or  board  under  author- 
ity of  the  health  laws  the  punishment  for  violating 
which  is  not  otherwise  prescribed  by  those  laws,  or 
by  this  chapter  is  punishable  by  imprisonment  not  ex- 
ceeding one  year,  or  by  a  fine  not  exceeding  two  thou- 
sand dollars  or  by  both. 

§  1741.  Obstructing  health  officer  in  performance  of 
his  duty.  A  person  who  wilfully  opposes  or  obstructs  a 
health  officer  or  physician  charged  with  the  enforcement 
of  the  health  laws,  in  performing  any  legal  duty  is 
guilty  of  a  misdemeanor. 

§  1742.  Omitting  to  label  drugs,  or  labeling  them 
wrongly.  Any  person,  who,  in  putting  up  any  drug, 
medicine,  or  food  or  preparation  used  in  medical  prac- 
tice, or  making  up  any  prescription,  or  filling  any  order 
for  drugs,  medicines,  food  or  preparation  puts  any 
untrue  label,  stamp  or  other  designation  of  contents 
upon  any  box,  bottle  or  other  package  containing  a 
drug,  medicine,  food  or  preparation  used  in  medical 
practice,  or  substitutes  or  dispenses  a  different  article 
for  or  in  lieu  of  any  article  prescribed,  ordered,  or 
demanded,  or  puts  up  a  greater  or  less  quantity  of  any 
ingredient  specified  in  any  such  prescription,  order  or 
demand  than  that  prescribed,  ordered,  or  demanded,  or 
otherwise  deviates  from   the  terms  of  the  prescription, 


Extracts  fkoai  Penal  Law  395 

order,  or  demand  by  substituting  one  drug  for  another, 
is  guilty  of  a  misdemeanor;  provided,  however,  that, 
except  in  the  case  of  physicians'  prescriptions,  nothing 
herein  contained  shall  be  deemed  or  construed  to  prevent 
or  impair  or  in  any  manner  affect  the  right  of  an  apothe- 
cary, druggist,  pharmacist  or  other  person  to  recom- 
mend the  purchase  of  an  article  other  than  that  ordered, 
required  or  demanded,  but  of  a  similar  nature,  or  to 
sell  such  other  article  in  place  or  in  lieu  of  an  article 
ordered,  required  or  demanded,  with  the  knowledge  and 
consent  of  the  purchaser.  Upon  a  second  conviction  for 
a  violation  of  this  section  the  offender  must  be  sen- 
tenced to  imprisonment,  for  a  term  of  not  less  than 
ten  days  nor  more  than  one  year,  and  to  the  payment 
of  a  fine  of  not  less  than  ten  dollars  nor  more  than 
five  hundred  dollars.  The  third  conviction  of  a  viola- 
tion of  any  of  the  provisions  of  this  section,  in  addition 
to  rendering  the  offender  liable  to  the  penalty  prescribed 
by  law  for  a  misdemeanor;  shall  forfeit  any  right  which 
he  may  possess  under  the  law  of  this  state  at  the  time 
of  such  conviction,  to  engage  as  proprietor,  agent,  em- 
ployee or  otherwise,  in  the  business  of  an  apothecary, 
pharmacist,  or  druggist,  or  to  compound,  prepare  or 
dispense  prescriptions  or  orders  for  drugs,  medicines  or 
foods  or  preparations  used  in  medical  practice;  and 
the  offender  shall  be  by  reason  of  such  conviction  dis- 
qualified from  engaging  in  any  such  business  as  pro- 
prietor, agent,  employee  or  otherwise  or  compounding, 
preparing  or  dispensing  medical  prescriptions  or  orders 
for  'drugs,  medicines,  or  foods  or  preparations  used  in 
medical  practice. 

This  section  shall  not  affect  or  impair  any  liability, 
penalty  or  punishment  under  the  provisions  of  section 
four  hundred  and  one  of  the  penal  code  as  the  same 
existed  prior  to  September  first,  nineteen  hundred  and 
seven,  but  the  same  may  be  enforced,  prosecuted  or 
inflicted  as  fullv  and  to  the  same  extent  as  though  this 


396  The  Public  Health  Law 

section  had  not  been  passed;  and  all  actions  civil  or 
criminal  instituted  under  or  by  virtue  of  said  section 
as  the  same  existed  prior  to  July  nineteenth,  nineteen 
hundred  and  seven,  and  pending  immediately  prior  to 
September  nineteenth,  nineteen  hundred  and  seven,  may 
be  prosecuted  and  defended  to  final  effect  in  the  same 
manner  as  though  this  section  had  not  been  enacted. 

The  provisions  of  this  section  shall  not  apply  to  the 
practice  of  a  practitioner  of  medicines  who  is  not  the 
proprietor  of  a  store  for  the  dispensing  or  retailing  of 
drugs,  medicines  and  poisons,  or  who  is  not  in  the 
employ  of  such  a  proprietor,  and  shall  not  prevent  prac- 
titioners of  medicine  from  supplying  their  patients  with 
such  articles  as  they  may  deem  proper,  and  except  as 
to  the  labeling  of  poisons  shall  not  apply  to  the  sale 
of  medicines  or  poisons  at  wholesale  when  not  for  use 
or  consumption  of  the  purchaser;  provided,  however, 
that  the  sale  of  medicines  or  poisons  at  wholesale  shall 
continue  to  be  subject  to  such  regulations  as  from  time 
to  time  may  be  lawfully  made  by  the  board  of  phar- 
macy or  by  any  competent  board  of  health. 

§  1744.  Penalty  for  violation  of  public  health  laws. 
Any  person  who  violates  any  provision  of  article  eleven 
of  the  public  health  law  for  which  no  other  penalty  is 
imposed,  is  guilty  of  a  misdemeanor. 

§  174G.  *Sale  of  cocaine  or  eucaine,  and  regulations 
respecting  their  possession.  Alkaloid  cocaine  or  its 
salts,  or  alpha  or  beta  eucaine  or  their  salts,  or  any 
admixture,  compound,  solution  or  product  of  which 
cocaine  or  eucaine  or  their  salts  may  be  an  ingredient, 
shall  not  be  sold,  offered  for  sale,  furnished,  disposed  of, 


♦See  also  federal  (Harrison)    law,    Internal  Revenue  Regulations 
No.  35. 


Extracts  from  Penal  Law  397 

given  away  or  possessed  by  any  person  except  in  the 
manner  prescribed  in  this  section  and  by  the  persons 
authorized  herein. 

(a)  It  shall  be  lawful  for  a  licensed  pharmacist  or 
a  licensed  druggist,  upon  the  written  prescription  of  a 
physician  duly  registered  and  licensed  to  practice  in  the 
state  of  New  York,  to  sell  or  dispense,  alkaloid  cocaine 
or  its  salts  or  alpha  or  beta  eucaine  or  their  salts.  If 
in  such  prescription  the  percentage  of  such  substances 
to  the  total  contents  of  the  prescription  shall  exceed  one 
per  centum  thereof  the  pharmacist  or  druggist  to  whom 
such  prescription  is  presented  shall  before  filling  the 
same  verify  the  prescription  by  inquiry  of  the  physician 
issuing  the  same.  Such  prescription  shall  be  retained 
by  the  person  dispensing  the  drug,  and  no  copy  of  such 
prescription  shall  be  made  by  or  delivered  to  any  person, 
and  such  prescription  shall  be  filled  but  once,  except 
that  it  shall  be  lawful  for  a  licensed  pharmacist  or 
druggist  to  refill  and  to  give  to  the  person  presenting 
same  a  copy  of  a  prescription  of  which  cocaine  or 
eucaine  is  a  component  part,  if  the  proportion  of  such 
substance  to  the  total  content  of  the  prescription  does 
not  exceed  one  grain  thereof  to  each  fluid  ounce  or  in 
the  case  of  ointment  does  not  exceed  two  grains  of 
such  substance  to  the  ounce.  When  any  of  such  sub- 
stance is  so  dispensed  or  sold  upon  such  written  pre- 
scription of  a  physician,  the  person  selling  or  dispensing 
the  same  shall  simultaneously  deliver  to  the  person 
to  whom  the  same  is  sold  or  furnished  a  certificate 
stating  the  name  and  address  of  the  person  selling  or 
furnishing  such  drug  or  mixture,  the  name  and  address 
of  the  physician  upon  whose  prescription  the  same  is 
sold  or  furnished,  the  date  of  sale  and  the  amount  sold. 
The  possession  of  such  certificate  shall  be  a  defense  to 
a  charge  of  misdemeanor  under  paragraph  (h)  of  this 
section,  provided  the  person  possessing  such  substance 
shall  not  have  in  his  possession  an  amount  exceeding 


39S  The  Public  Health  Law 

the  amount  specified  in  such  certificate,  and  provided 
that  such  certificate  shall  not  legalize  the  possession  of 
such  substance  for  more  than  ten  days  after  its  issuance 
if  the  proportion  of  cocaine  or  eucaine  or  their  salts  to 
the  total  content  of  the  prescription  shall  exceed  one 
grain  to  the  fluid  ounce,  or,  in  the  case  of  ointment, 
two  grains  to  the  ounce,  unless  on  such  certificate  there 
shall  be  written  by  the  physician  issuing  the  prescrip- 
tion a  statement  that  the  use  of  the  substance  is  neces- 
sary for  a  longer  period,  to  be  named  in  such  statement. 
It  shall  be  lawful  for  any  physician  duly  registered  and 
licensed  to  practice  in  the  state  of  New  York,  after 
personal  examination  of  a  patient,  to  prescribe  and 
himself  dispense  such  substances  to  such  patient,  pro- 
vided he  shall  execute  and  deliver  the  certificate  required 
of  a  dispensing  druggist  or  pharmacist. 

(b)  Such  substances  may  lawfully  be  sold  in  the 
original  package  at  wholesale  by  any  manufacturer 
thereof  to  any  other  manufacturer  thereof  or  to  a  whole- 
sale dealer  in  drugs,  and  by  any  wholesale  dealer  in 
drugs  to  any  other  wholesale  dealer  in  drugs  or  to  a 
manufacturer  thereof,  provided  such  package  shall  be 
securely  sealed  and  labeled  as  prescribed  in  this  section, 
and  provided  a  record  of  such  sale  shall  be  kept  in  the 
manner  prescribed  in  this  section  by  the  person  selling 
and  the  person  purchasing  said  substances.  It  shall  be 
lawful  for  a  manufacturer  or  wholesale  dealer  in  drugs 
after  the  purchase  in  bulk  of  such  substances,  to  repack 
the  same  in  other  containers  which  shall  be  sealed  and 
labeled  as  prescribed  in  this  section.  When  so  repacked, 
sealed  and  labeled  such  containers  shall,  for  the  pur- 
poses of  this  section,  be  deemed  to  be  original  packages. 

(c)  Such  substances  may  lawfully  be  sold  in  the  orig- 
inal package  to  a  licensed  pharmacist,  licensed  druggist, 
duly  registered  practicing  physician,  licensed  veteri- 
narian or  licensed  dentist  by  any  manufacturer  of  such 


Extracts  from  Venal  Law  399 

substances  or  wholesale  dealer  in  drugs  upon  the  writ- 
ten order  of  the  pharmacist,  druggist,  physician,  vet- 
erinarian or  dentist  to  whom  the  sale  is  made,  provided 
such  package  shall  be  securely  sealed  and  labeled  and 
provided  a  record  of  such  sale  shall  be  kept  in  the 
manner  prescribed  herein  by  the  person  selling  and  the 
person  purchasing  such  substance. 

(d)  Before  making  any  sale  provided  for  in  para- 
graphs (b)  and  (c)  of  this  section,  the  manufacturer 
of  such  substances  or  wholesale  dealer  in  drugs  shall 
affix  or  cause  to  be  affixed  to  the  bottle,  box,  vessel  or 
package  containing  the  article  sold,  and  upon  the  out- 
side wrapper  of  the  package  as  originally  put  up,  a 
label  distinctly  displaying  the  name  and  quantity  of 
cocaine  or  its  salts,  alpha  or  beta  eucaine  or  their  salts 
sold,  and  the  word  "  poison  "  with  the  name  and  place 
of  business  of  the  seller  all  printed  in  red  ink. 

(e)  The  manufacturer  of  such  substances  or  whole- 
sale dealer  in  drugs  shall,  before  the  delivery  of  any 
of  such  substances  sold  by  him,  make  or  cause  to  be 
made  in  a  book  kept  for  the  purpose,  an  entry  of  the 
sale  thereof,  stating  the  date  of  sale,  the  quantity  sold, 
the  name  and  form  in  which  it  is  sold,  the  name  and 
address  of  the  purchaser,  the  name  of  the  person  by 
whom  the  order  is  filled,  the  name  of  the  person  by 
whom  the  entry  is  made,  a  description  of  the  package 
or  container  in  which  the  substance  is  sold,  and  a  state- 
ment that  such  substance  was  sold  and  purchased  in 
the  original  package,  that  the  package  was  sealed,  that 
the  seals  thereof  were  undamaged  and  unbroken,  and 
that  the  labels  were  attached  thereto  as  hereinbefore 
prescribed,  and  were  not  in  any  manner  defaced  or 
damaged,  and  a  statement  showing  how  delivery  was 
made,  whether  personally  or  by  mail,  express,  freight 
or  messenger.  The  record  and  statement  thus  made  in 
such  book  shall  be  signed  by  the  person  filling  such 
order  for  such  substance  and  may  be  received  in  any 


400  The  Public  Health  Law 

court  against  the  person  filling  such  order  and  the 
person  selling  such  substance  as  evidence  of  the  transac- 
tion recorded  and  the  facts  stated  therein.  The  said 
book  and  record  shall  be  kept  in  the  regular  place  of 
business  in  the  state  of  New  York  of  such  manufacturer 
and  wholesale  dealer  and  shall  be  open  at  all  times 
for  inspection  by  the  officers  or  authorized  agents  of 
the  state  or  local  board  of  health,  the  New  York  state 
board  of  pharmacy  and  by  the  police  authorities  and 
officers  charged  with  the  enforcement  of  the  penal  law, 
and  shall  be  preserved  for  at  least  five  years  after  the 
date  of  the  last  entry  made  therein.  The  items  in  such 
book  respecting  the  sale  of  said  substances  shall  be  con- 
secutively numbered,  and  upon  the  receipt  by  such  manu- 
facturer or  wholesale  dealer  of  any  order  for  any  of 
such  substances  there  shall  be  written  or  stamped  upon 
such  order  so  received  the  serial  number  corresponding 
to  the  next  open  numbered  entry  space  in  such  record 
book  and  the  said  serial  number  shall  also  be  written 
or  stamped  upon  the  package  containing  such  substances 
when  the  same  is  delivered  in  pursuance  of  the  said 
order.  Such  original  orders  shall  likewise  be  kept  by 
the  said  manufacturer  or  wholesale  dealer  in  a  con« 
venient  place  in  the  state  of  New  York;  and  shall  be 
preserved  for  at  least  five  years  after  the  dates  of  such 
orders 

(f)  The  manufacturer  of  such  substances  or  whole- 
sale dealer  in  drugs,  licensed  pharmacist,  licensed  drug- 
gist, duly  registered  practicing  physician,  licensed  vet- 
erinarian, or  licensed  dentist  shall,  upon  the  delivery 
to  him  of  any  of  such  substances  purchased  by  him, 
make  or  cause  to  be  made  in  a  book  kept  for  the  pur- 
pose, an  entry  of  the  purchase  thereof,  stating  the  date 
of  purchase  thereof,  the  quantity  purchased,  the  name 
and  form  in  which  it  was  purchased,  the  name  and 
addresB  of  the  seller,  the  name  of  the  person  by  whom 
the  purchase  is  made,  the  name  of  the  person  by  whom 


Extracts  from  Penal  Law  401 

the  entry  is  made,  a  description  of  the  package  or 
container  in  which  the  substance  is  purchased,  and  a 
statement  that  such  substance  was  sold  and  purchased 
in  the  original  package,  that  the  package  was  sealed, 
that  the  seals  thereon  were  undamaged  and  unbroken, 
and  that  the  labels  were  attached  thereto  as  hereinabove 
prescribed,  and  were  not  in  any  manner  defaced  or 
damaged,  and  a  statement  showing  how  delivery  was 
made,  whether  personally  or  by  mail,  express,  freight 
or  messenger.  There  shall  also  be  recorded  in  such  book 
the  particular  place  in  which  such  substance  so  pur- 
chased is  to  be  kept  by  the  purchaser  which  place  shall 
be  easily  accessible  and  shall  be  within  the  state  of 
New  York  and  shall  not  be  changed  except  that  at  the 
time  of  such  change  an  entry  thereof  be  made  in  such 
book  opposite  the  original  entry  of  the  purchase  and 
signed  by  the  purchaser.  The  record  and  statement  thus 
made  in  such  book  shall  be  signed  by  the  person  pur- 
chasing such  substance  and  may  be  received  in  any 
court  against  the  person  receiving  such  substance  and 
against  the  person  to  whom  the  same  is  sold  as  evidence 
of  the  transaction  recorded  and  the  facts  stated  therein. 
Such  book  and  record  shall  be  kept  in  tne  regular  place 
of  business  in  the  state  of  New  York  of  such  purchaser, 
and  shall  be  open  at  all  times  for  inspection  by  any 
prosecuting  officer  in  the  state  or  his  subordinates  and 
by  such  persons  as  may  be  designated  by  him.  Such 
book  shall  be  preserved  for  at  least  five  years  after  the 
date  of  the  last  entry  made  therein. 

(g)  Any  person  who  shall  sell,  offer  to  sell,  furnish, 
dispose  of  or  give  away  alkaloid  cocaine  or  its  salts  or 
alpha  or  beta  eucaine  or  their  salts  or  any  admixture, 
compound,  solution  or  product  of  which  cocaine  or 
eucaine  or  their  salts  may  be  an  ingredient,  except  under 
the  conditions  and  to  the  persons  authorized  by  this 
section  shall  be  guilty  of  a  felony.  Any  dentist,  veteri- 
narian or  physician  who  shall  dispense  such  substances 


402  The  Public  Health  Law 

to  a  patient  without  issuing  the  certificate  required  by 
paragraph  (a)  to  be  made  and  issued  by  him  shall  be 
guilty  of  a  felony.  Any  druggist  or  pharmacist  who 
shall  fill  any  prescription  issued  in  violation  of  this 
section  shall  be  guilty  of  a  felony. 

(h)  Any  person  other  than  a  manufacturer  of  such 
substances  or  a  wholesale  dealer  in  drugs  or  a  licensed 
pharmacist,  licensed  druggist,  duly  registered  practic- 
ing physician,  licensed  veterinarian  or  licensed  dentist 
who  shall  possess  any  quantity  whatever  of  alkaloid 
cocaine  or  its  salts  or  alpha  or  beta  eucaine  or  their 
salts  or  any  admixture,  compound,  solution  or  product 
of  which  cocaine  or  eucaine  or  their  salts  may  be  an 
ingredient,  shall  be  guilty  of  a  misdemeanor,  unless  the 
said  possession  is  authorized  by  the  certificate  described 
in  paragraph   (a) . 

(i)  Any  licensed  pharmacist,  licensed  druggist,  duly 
registered  practicing  physician,  licensed  veterinarian  or 
licensed  dentist  or  manufacturer  of  such  substances  or 
wholesale  dealer  in  drugs,  who  shall  possess  any  quan- 
tity whatever  of  alkaloid  cocaine  or  its  salts  or  alpha 
or  beta  eucaine  or  their  salts,  or  any  admixture,  com- 
pound, solution  or  product  of  which  cocaine  or  eucaine 
or  their  salts  may  be  an  ingredient,  in  any  place  other 
than  the  place  scheduled  in  the  record  herein  provided 
for,  shall  be  guilty  of  a  misdemeanor,  except  that  a 
duly  registered  practicing  physician,  licensed  veteri- 
narian or  licensed  dentist,  may  carry  such  substances 
for  use  in  his  profession,  provided  the  amount  so  per- 
sonally carried  and  the  amount  kept  in  the  place  sched- 
uled in  his  record  shall  not  together  exceed  a  total 
of  one  and  one-eighth  ounces  of  such  substance. 
Any  person  who  shall  under  the  provisions  of  this  sec- 
tion be  required  to  record  the  possession,  disposition, 
sale,  purchase  or  the  place  of  keeping  of  such  substances 
who  shall  fail  to  record  the  possession,  disposition,  sale 


Extracts  from  Penal  Law  403 

or  purchase  thereof  or  the  place  in  which  the  sub- 
stances so  possessed  or  purchased  are  kept,  in  the 
manner  and  after  tiie  form  prescribed  in  this  section, 
shall  be  guilty  of  a  misdemeanor. 

(j)  Every  manufacturer  of  such  substances,  wholesale 
dealer  in  drugs,  licensed  pharmacist,  licensed  druggist, 
duly  registered  practicing  physician,  licensed  veteri- 
narian and  licensed  dentist  shall  keep  an  accurate 
record  in  a  book  kept  for  that  purpose  of  all  alkaloid 
cocaine  or  its  salts  or  alpha  or  beta  eucaine  or  their 
salts  or  any  admixture  of  coicaine*  or  eucaine  disposed 
of  by  him,  and  the  possession  in  the  place  designated 
in  the  record  herein  directed  by  paragraph  (e)  to  be 
kept  of  an  amount  less  than  the  difference  between  the 
total  amount  received  by  him  and  the  amount  shown 
by  his  record  to  have  been  disposed  of,  shall  be  pre- 
sumptive evidence  of  a  sale  of  the  amount  of  such  sub- 
stances not  accounted  for  in  violation  of  this  section. 
Xo  record  of  dispositions  of  such  substances  need  be 
made  by  any  physician,  veterinarian  or  dentist,  except 
that  such  persons  shall  at  least  once  in  each  six  months 
record  the  gross  amount  of  such  substances  disposed  of 
by  him. 

(k)  Within  thirty  days  after  this  section  takes  effect 
every  manufacturer  of  alkaloid  cocaine  or  its  salts  or 
alpha  or  beta  eucaine  or  their  salt?,  or  any  admixture, 
compound,  solution  or  product  in  which  cocaine  or 
eucaine  or  their  salts  may  be  an  ingredient,  every 
wholesale  dealer  in  drugs,  licensed  pharmacist,  licensed 
druggist,  duly  registered  practicing  physician,  licensed 
veterinarian  and  licensed  dentist  shall  make  a  record 
of  the  amount  of  each  of  said  substances  possessed  by 
him  in  a  book  to  be  kept  for  that  purpose,  which  may 
be  the  book  in  which  purchases  are  recorded.  Such 
book  shall  be  kept  at  the  regular  place  of  business  of 


*  So  in  original. 


404  The  Public  Health  Law 

each  of  said  persons  in  the  state  of  New  York,  and 
there  shall  be  specifically  stated  in  such  book  the 
amount  of  each  of  said  substances  possessed  by  the  per- 
son making  the  record  and  the  particular  place  in  which 
the  same  is  kept.  Such  book  shall  be  open  to  inspec- 
tion by  any  prosecuting  officer  in  the  state  or  his 
subordinates  and  by  such  persons  as  may  be  designated 
by  him.  Such  book  and  record  shall  be  preserved  for 
at  least  five  years  after  the  date  of  the  last  entry  made 
therein.  In  the  event  that  the  amount  of  said  sub- 
stances possessed  at  the  time  this  section  takes  effect 
by  any  licensed  pharmacist,  licensed  druggist,  duly 
registered  practicing  physician,  licensed  veterinarian  or 
licensed  dentist,  shall  exceed  the  amount  specified  in 
paragraph  ( 1 )  of  this  section,  such  possession  shall  not 
be  deemed  to  be  unlawful,  provided  that  the  persons 
possessing  the  same  shall  not  purchase  or  acquire  in 
any  manner  whatever  any  more  of  such  substances  until 
the  amount  on  hand  shall  be  reduced  by  lawful  dispo- 
sition thereof  to  an  amount  less  than  that  prescribed 
by  paragraph  ( 1 ) .  If  any  of  the  persons  entitled  to 
possess  such  substances  in  any  amount  shall  possess  an 
amount  in  excess  of  that  authorized  by  paragraph  ( 1 ) 
it  shall  be  the  duty  of  each  of  such  persons  to  report 
in  writing  to  the  state  department  of  health,  within 
thirty  days  after  this  act  takes  effect,  the  amount  of 
each  of  such  substances  possessed  by  him  and  the  place 
where  the  same  is  kept.  Such  reports  shall  be  alpha- 
betically filed  in  the  office  of  the  state  department  of 
health  and  shall  be  open  to  public  inspection.  Any 
person  violating  the  provisions  of  this  paragraph  of  this 
section  shall  be  guilty  of  a  misdemeanor. 

(1)  It  shall  be  unlawful  to  possess  or  have  in  any 
pharmacy  or  drug  store  in  this  state  more  than  one  and 
one-quarter  ounces  of  alkaloid  cocaine  or  its  salts  or 
alpha  or  beta  eucaine  or  their  salts  for  each  duly  regis- 
tered pharmacist  or  druggist  regularly  employed  in  such 


Extracts  from  Penal  Law  405 

pharmacy  or  drug  store,  provided,  however,  that  in  no 
event  shall  there  be  carried  in  stock  in  such  pharmacy 
or  drug  store  to  exceed  five  ounces  of  such  substances 
no  matter  what  number  of  registered  pharmacists  or 
druggists  may  be  employed  therein.  It  shall  be  unlawful 
for  any  physician,  dentist  or  veterinarian  to  possess 
more  than  one  and  one-eighth  ounces  of  alkaloid  cocaine 
or  its  salts  or  alpha  or  beta  eucaine  or  their  salts.  Any 
person  who  shall  violate  any  of  the  provisions  of  this 
paragraph  shall  be  guilty  of  a  misdemeanor. 

(m)  This  section  shall  not  apply  to  nor  prohibit  the 
regular  and  ordinary  transportation  of  such  substances 
as  merchandise,  provided  the  same  shall  be  labeled  and 
sealed  as  prescribed  in  this  section,  nor  to  the  possession 
of  such  substances  by  duly  authorized  officials  charged 
with  the  enforcement  of  the  law  when  such  substances 
are  possessed  by  them  in  pursuance  of  their  official 
duties  and  in  connection  with  the  apprehension  and 
prosecution  of  persons  offending  against  this  section. 

(n)  It  shall  be  lawful  for  one  person  in  the  regular 
employ  of  each  public  hospital  or  dispensary  in  this  state, 
to  be  selected  and  designated  by  the  managers  or  board 
of  trustees  of  such  hospital  or  dispensary  to  purchase 
and  possess  alkaloid  cocaine  or  its  salts  or  alpha  or  beta 
eucaine  or  their  salts,  provided  such  purchase  and  pos- 
session shall  be  for  the  exclusive  use  of  such  hospital 
or  dispensary  and  provided  that  such  substances  shall 
be  kept  within  the  hospital  buildings  or  dispensary. 
The  amount  of  such  substances  so  possessed  shall  not 
exceed  five  ounces  at  any  one  time,  and  the  person  so 
designated  by  such  managers  or  trustees  of  such  hos- 
pital or  dispensary  shall  keep  the  same  record  of  pur- 
chases and  dispositions  as  is  hereinabove  directed  to  be 
kept  by  other  persons  purchasing  and  possessing  cocaine 
or  eucaine  or  their  salts,  and  he  shall  be  liable  to  the 


400  The  Public  Health  Law 

same  penalties  as  hereinabove  provided.  The  record 
directed  herein  to  be  kept  shall  be  open  to  inspection 
by  the  same  authorities  as  are  hereinabove  provided,  and 
the  record  shall  be  preserved  in  such  hospital  or  dis- 
pensary for  at  least  rive  years  after  the  date  of  the 
last  entry  made  therein.  (Section  added  by  L.  1913, 
ch.  470,  in  effect  May  9,  1913,  in  place  of  former  §  1746, 
as  ani'd  by  L.  1910,  ch.  131,  repealed  by  same  act.) 
•  §  1747.  Careless  distribution  of  medicines,  drugs  and 
chemicals.  Any  person,  firm,  or  corporation,  who  dis- 
tributes, or  causes  to  be  distributed,  any  free  or  trial 
samples  of  any  medicine,  drug,  chemical  or  chemical 
compound,  by  leaving  the  same  exposed  upon  the 
ground,  sidewalk,  porch,  doorway,  letter-boxes,  or  in 
any  other  manner,  that  children  may  become  possessed 
of  the  same,  shall  be  guilty  of  a  misdemeanor  punish- 
able by  a  tine  not  exceeding  twenty-five  dollars  for  each 
offense,  but  this  section  shall  not  apply  to  the  direct 
delivery  of  any  such  article  to  an  adult. 

§    174S.  Adulterated  goods.     A  person  who: 

1.  With  the  intent  that  the  same  may  be  sold  as 
unadulterated  or  undiluted,  adulterates  or  dilutes  wine, 
milk,  distilled  spirits  or  malt  liquor,  or  any  drug, 
medicine,  food  or  drink,  for  man  or  beast;  or, 

2.  Knowing  that  the  same  has  been  adulterated  or 
diluted,  offers  for  sale  or  sells  the  same  as  unadulterated 
or  undiluted,  or  without  disclosing  or  informing  the 
purchaser  that  the  same  has  been  adulterated  or  diluted, 
in  a  case  where  special  provision  has  not  been  made  by 
statute,  for  the  punishment  of  the  offense;    or, 

3.  Sells  or  offers  to  sell,  or  stores  or  transports  with 
intent  to  sell  for  any  purpose  other  than  cooling  beer 
in  casks,  ice  cut  from  any  canal  or  from  the  wide  waters 
or  basins  of  any  canal,  unless  the  ice  so  sold,  or  offered 
for    sale    or    stored   or   transported,    is   contained   in    a 


Extracts  from  Pexal  Law  407 

building,  cart,  car,  sleigh,  float  or  receptacle  upon  which 
is  plainly  marked  in  roman  or  capital  letters,  not  less 
than  eight  inches   square,  the  words,  "canal  ice;''  or, 

4.  Who  shall  adulterate  maple  sugar,  maple  syrup 
or  honey,  with  glucose,  cane  sugar  or  syrup,  beet  sugar 
or  syrup,  or  any  other  substance  for  the  purpose  of  sale, 
or  who  shall  knowingly  sell  or  offer  for  sale  maple 
sugar,  maple  syrup  or  honey  that  has  been  adulterated 
in  any  way;  or, 

5.  Violates  any  provision  of  section  three  hundred 
and  ninety  of  the  general  business  law,  relating  to 
canned  and  preserved  food, 

Is  guilty  of  a  misdemeanor. 

§  1750.  Disposing  of  tainted  food.  A  person  who  with 
intent  that  same  may  be  used'  as  food,  drink,  or  medi- 
cine, sells,  or  offers  or  exposes  for  sale,  any  article  what- 
ever which,  to  his  knowledge,  is  tainted  or  spoiled,  or 
for  any  cause  unfit  to  be  used  as  such  food,  drink,  or 
medicine,  is  guilty  of  a  misdemeanor. 

§  1752.  Having  narcotics  in  possession.  (1)  A  per- 
son, other  than  a  duly  licensed  physician  or  surgeon 
engaged  in  the  lawful  practice  of  his  profession,  who 
has  in  his  possession  any  narcotic  or  anaesthetic  sub- 
stance, compound  or  preparation,  capable  of  producing 
stupor  or  unconsciousness,  with  intent  to  administer  the 
same  or  cause  the  same  to  be  administered  to  another, 
without  the  latter's  consent,  unless  by  direction  of  a 
duly  licensed  physician,  is  guilty  of  a  felony,  punishable 
by  imprisonment  in  the  state  prison  for  not  more  than 
ten  years. 

(2)  The  possession  by  any  person,  other  than  as  ex- 
empted in  the  foregoing  subdivision,  of  any  such  nar- 
cotic or  anaesthetic  substance  or  compound,  concealed  or 
furtively  carried  on  the  person,  is  presumptive  evidence 


408  The  Public  Health  Law 

of  an  intent  to  administer  the  same  or  cause  the  same 
to  be  administered  in  violation  of  the  provisions  of  this 
section. 

§  1754.  Putting  noisome  or  unwholesome  substances 
in  highway.  A  person  who  deposits,  leaves  or  keeps,  on 
or  near  a  highway  or  route  of  public  travel,  either  on  the 
land  or  on  the  water,  any  noisome  or  unwholesome  sub- 
stance, or  establishes,  maintains  or  carries  on.  upon  or 
near  a  public  highway  or  route  of  public  travel,  either 
on  the  land  or  on  the  water,  any  business,  trade  or 
manufacture  which  is  noisome  or  detrimental  to  public 
health,  is  guilty  of  a  misdemeanor,  punishable  by  a  fine 
of  not  less  than  one  hundred  dollars,  or  by  imprisonment 
not  less  than  three  nor  more  than  six  months  or  both. 

§  1756.  Exposing  person  affected  with  a  contagious 
disease  in  a  public  place.  A  person  who  wilfully  exposes 
himself  or  another,  affected  with  any  contagious  or  in- 
fectious disease,  in  any  public  place  or  thoroughfare, 
except  upon  his  necessary  removal  in  a  manner  not  dan- 
gerous to  the  public  health,  is  guilty  of  a  misdemeanor. 

§  1759.  Throwing  gas  tar  or  refuse  into  public  waters. 
A  person  who  throws  or  deposits  gas  tar,  or  the  refuse 
of  a  gas  house  or  gas  factory,  or  offal,  refuse,  or  any 
other  noxious,  offensive,  or  poisonous  substance  into 
any  public  waters  or  into  any  sewer  or  stream  running 
or  entering  into  such  public  waters,  is  guilty  of  a  mis- 
demeanor. 

§  1760.  Wilfully  poisoning  food.  A  person  who  wil- 
fully mingles  poison  with  any  food,  drink  or  medicine, 
intended  or  prepared  for  the  use  of  human  beings,  and 
a  person  who  wilfully  poisons  any  spring,  well  or  reser- 
voir of  water,  is  punishable  by  imprisonment  in  a  state 
prison  not  exceeding  ten  years,  or  in  a  county  jail  not 
exceeding  one  year,  or  by  a  fine  not  exceeding  five  hun- 
dred dollars,  or  both  such  fine  and  imprisonment. 


Extracts  from  Penal  Law  409 

§  1761.  Acts  of  intoxicated  physicians.  A  physician 
or  surgeon,  or  person  practicing  as  such,  who,  being  in 
a  state  of  intoxication,  administers  any  poison,  drug 
or  medicine,  or  does  any  other  act  as  a  physician  or 
surgeon,  to  another  person,  by  which  the  life  of  the 
latter  is  endangered,  or  his  health  seriously  affected,  is 
guilty    of    a    misdemeanor. 

§  1762.  Misconduct  of  veterinary  surgeons.  A  per- 
son who  presents  to  a  county  clerk  for  registration  as  a 
practitioner  of  veterinary  medicine  or  surgery  any 
diploma  or  certificate  fraudulently  obtained  or  practices 
veterinary  medicine  and  surgery  without  complying  with 
or  contrary  to  law,  is  guilty  of  a  misdemeanor.  This 
section  shall  not  be  construed  to  prohibit  students  from 
prescribing  under  the  supervision  of  preceptors,  or  to 
prohibit  gratuitous  services  in  case  of  emergency,  or  the 
services  of  an  authorized  practitioner  of  a  neighboring 
state  when  incidentally  called  into  requisition. 

§  1763.  Illegal  practice  of  embalming.  Any  person 
violating  any  provision  of  section  two  hundred 
and  ninety-eight  of  the  public  health  law,  or  any  of  the 
rules  and  regulations  in  reference  to  the  business  and 
practice  of  embalming  human  dead  bodies,  made  and 
duly  approved  as  by  article  fourteen  of  said  public 
health  law  prescribed,  is  guilty  of  a  misdemeanor. 


ARTICLE  CLXX 

§  1857.  Omission  of  duty  by  public  officer.  Where 
any  duty  is  or  shall  be  enjoined  by  law  upon  any  public 
officer,  or  upon  any  person  holding  a  public  trust  or 
employment,  every  wilful  omission  to  perform  such  duty, 
where  no  special  provision  shall  have  been  made  for  the 
punishment  of  such  delinquency,  is  punishable  as  a  mis- 
demeanor. 


410  The  Public  EIealtb   J. aw 

EXTRACTS  FROM  TOWN  LAW 
(L.  1909,  chap.  63,  const,  chap.  62  of   Cons.  Laws] 

ARTICLE  VI 
§  131.  Constitution  and  regular  meeting  of  town 
board.  The  supervisor,  town  clerk  and  the  justices  of 
the  peace,  or  any  two  of  such  justices,  shall  constitute 
the  town  board  in  each  town,  and  shall  hold  at  least 
two  meetings  annually  at  the  office  of  the  town  clerk. 
as  follows:  One  on  the  Tuesday  preceding  the  biennial 
town  meeting  and  on  the  corresponding  date  in  each 
alternate  year,  except  that  in  towns  where  biennial 
town  meetings  are  held  at  the  time  of  a  general  elec- 
tion, such  meeting  shall  be  held  on  the  twenty- 
eighth  day  of  December  in  each  year,  unless  such  day 
is  Sunday,  in  which  case  such  meeting  shall  be  held  on 
the  preceding  day;  and  one  on  the  Thursday  next  pre- 
ceding the  annual  meeting  of  the  board  of  supervisors. 
The  supervisor  or  the  town  clerk  may  call  a  special 
meeting  of  the  town  board  at  any  time  by  giving  at 
least  two  days*  notice  in  person  or  in  writing  to  the 
other  members  of  such  board  of  the  time  when  and 
place  where  such  meeting  is  to  be  held.  At  any  such 
regular  or  special  meeting  it  shall  be  lawful  for  the 
town  board  to  audit,  allow  or  reject  any  charge,  claim 
or  demand  against  the  town  for  which  funds  might 
lawfully  be  provided  by  the  issuance  and  sale  of  town 
obligations  under  the  provisions  of  section  one  hundred 
and  thirty-eight-a  of  this  chapter;  and  any  charge, 
claim  or  demand  so  audited  shall  be  payable  immedi- 
ately from  available  funds  thus  provided,  if  there  be 
any,  and  otherwise  as  soon  as  the  moneys  are  raised 
therefor  under  the  provisions  of  said  section  one  hun- 
dred and  thirty-eight-a,  but  a  charge,  claim  or  demand 
of  the  kind  authorized  by  this  section  to  be  audited  mav 


Extracts  from  Towx  Law  411 

be  paid,  in  the  discretion  of  the  town  board,  from  other 
town  funds  on  hand  available  for  general  purposes,  if 
there  be  any  such  funds.  (Am'd  by  L.  1909,  ch.  140 
and  L.  1913,  ch.  571,  in  effect  May  16,  1913.) 

ARTICLE  X 

§  210.  Town  board  may  prohibit  hawking  and  ped- 
dling without  license.  The  town  board  of  any  town 
may,  by  resolution,  prohibit  the  hawking  and  peddling 
of  goods  or  produce  in  public  streets  or  places,  or 
the  vending  of  goods  of  the  same  by  calls  from 
house  to  house,  without  a  license;  but  such  pro- 
hibition shall  not  apply  to  the  peddling  of  meats, 
fish,  fruit  or  farm  produce,  to  the  sale  by  sample 
or  prospectus  of  goods,  books  or  other  merchan- 
dise where  the  same  are  not  delivered  at  the  time 
the  order  therefor  is  taken,  or  to  peddling  by  any  per- 
son or  corporation  in  this  state,  provided  no  sale  is 
made  by  such  person  or  corporation  of  dry -goods,  cloth- 
ing, drugs  or  articles  of  food  and  all  sales  arc  wholly 
or  partly  by  barter  for  merchandise,  or  so  as  to  require 
a  license  from  an  honorably  discharged  soldier,  sailor 
or  marine  of  the  military  or  naval  service  of  the  United 
States  who  has  obtained  a  license  from  the  county 
clerk  to  hawk,  peddle,  vend  or  solicit  trade,  in  pursu- 
ance of  law. 

Reference.  Town  board  not  to  prohibit  hawking  and 
peddling  farm  produce,  General  Municipal  Law,  §  SI. 

ARTICLE  XI 

Sewers 

Section  230.     Town  board  may  establish  sewer  system; 
petition. 
230-a.  Town    board    may   direct   construction    of 
portions     of    sewer    system;     extension, 
notice  of,  petition. 


412  The  Public  Health  Law 

Section  231.     Action  by  town  board. 

232.  Oaths  and  undertakings  of  commissioners. 

233.  Approval  and  filing  of  map  and  plan  of 

sewer  system. 

234.  Contracts    for    the    construction    of    sewer 

system. 

235.  Supervising   engineer,   inspectors,   and  at- 

torney. 

236.  Acquisition  of  property  by  condemnation. 

237.  Apportionment  of  local  assessment  for  con- 

struction. 

238.  Appeal  from  apportionment. 

239.  Hearing  of  appeal. 

240.  Reapportionment. 

241.  Procedure  by  new  commissioners. 

242.  Fees  of  commissioners. 

243.  Expense  of  maintenance,  how  raised. 

244.  Annual  statement  of  commissioners. 

245.  Sewer  connections. 

246.  Constructing  laterals  in  such  districts. 

247.  Contracts  for  construction  of  laterals. 

248.  Improvements;  how  paid  for. 

§  230.  Town  board  may  establish  sewer  system; 
petition.  The  town  board  of  any  town  on  the  peti- 
tion of  owners  of  real  property  in  a  proposed  district, 
or  in  a  proposed  extension  of  an  existing  district, 
representing  more  than  one-half  in  value  of  the  tax- 
able real  property  therein  as  appears  by  the  last  pre- 
ceding completed  assessment-roll,  may  establish  a 
sewer  system  outside  an  incorporated  village  or  city, 
or  extend  the  boundaries  of  an  existing  district  and 
the  sewer  system  therein  accordingly.  The  petition 
must  describe  the  proposed  district,  or  proposed  exten- 
sion of  an  existing  district,  and  state  the  maximum 
amount  proposed  to  be  expended  in  the  construction 
of   such    sewer    system    or   extension.     Each   petitioner 


Extracts  from  Town  Law  413 

shall  state  opposite  his  name  the  assessed  valuation 
of  the  real  property  owned  by  him  in  such  district, 
or  extension  of  an  existing  district,  according  to  the 
last  preceding  completed  assessment-roll.  The  petition 
must  be  signed  by  the  petitioners  and  proved  or  ac- 
knowledged in  the  same  manner  as  a  deed  to  be  re- 
corded, and  if  it  be  a  petition  to  extend  an  existing 
district  and  the  sewer  system  therein  shall,  in  addi- 
tion to  the  foregoing  provisions,  be  approved  in  writ- 
ing by  the  sewer  commissioners  of  such  district.  There 
shall  be  annexed  to  and  presented  with  such  petition 
a  map  and  plan  of  the  proposed  sewer  system,  or  ex- 
tension, with  specifications  of  dimensions  and  connec- 
tions and  outlet  or  sewage  disposal  works  prepared 
by  a  competent  engineer  at  the  expense  of  the  peti- 
tioners. The  petitioners  may,  however,  present  to  the 
town  board  with  such  petition,  map,  plan  and  speci- 
fications, a  statement,  verified  by  one  of  the  peti- 
tioners having  personal  knowledge  of  the  correctness 
thereof,  showing  the  amount  of  the  actual  cost  to 
them  of  said  map,  plan  and  specifications  and  the  cost 
of  the  acknowledgments  of  the  signatures  to  such  peti- 
tion, and  by  whom  paid,  which  said  amount,  if  found 
by  the  town  board  to  be  just  and  reasonable,  and  if  the 
said  town  board  shall  make  one  of  the  orders  as  pro- 
vided by  section  two  hundred  and  thirty-one  of  this 
chapter,  shall  be  and  become  a  part  of  the  expense  of 
construction,  and  shall  be  included  in  the  first  tax 
levy  therefor,  and  shall  be  refunded  to  the  person  or 
persons  by  whom  paid,  as  shown  by  the  aforesaid 
statement,  by  the  supervisor  of  the  town,  who  shall 
take  a  receipt  therefor.  At  any  time  after  the  town 
board  has  made  an  order  establishing  such  district,  or 
extending  an  existing  district,  the  maximum  amount 
proposed  to  be  expended  in  the  construction  of  such 
sewer  system  in  said  district,  or  extension,  may  be  in- 
creased  by   a   petition   of  owners   of  real   property   in 


414  The  Public  Health  Law 

said  district  or  extension,  representing  more  than  one- 
half  in  value  of  the  taxable  real  property  therein,  as 
appears  by  the  last  preceding  completed  assessment- 
roll,  setting  forth  the  additional  amount  proposed  to 
be  expended,  in  excess  of  the  maximum  amount  set 
forth  in  the  petition  upon  which  the  said  district  or 
extension  was  established.  Such  petition  must  be 
signed  and  proved  or  acknowledged  in  the  same  man- 
ner as  the  petition  for  the  establishment  of  said  sewer 
district  or  extension,  and  shall  be  filed  in  the  office  of 
the  town  clerk.  Every  petition  made  as  provided  in 
this  section  shall  contain  a  statement  conspicuously 
printed  thereon  as  follows:  "The  cost  of  construction 
and  maintenance  of  such  sewer  system  or  extension,  as 
the  case  may  be  shall  be  assessed,  from  year  to  year, 
by  the  sewer  commissioners  to  be  appointed,  upon  the 
lands  within  the  sewer  district  or  extension  in  pro- 
portion as  nearly  as  may  be  to  the  benefit  which  each 
lot  or  parcel  will  derive  therefrom."  Any  petition 
made  as  herein  provided  shall  be  legal  for  all  purposes 
herein,  although  some  of  the  petitioners  therein  may 
have  signed  and  acknowledged  the  same  before  this 
section,  as  hereby  amended,  takes  effect.  (Am'd  by 
L.  1910,  ch.  134  and  L.  1911,  ch.  507,  in  effect  June  28, 
1911.) 

§  230-a.  Town  board  may  direct  construction  of  por- 
tions of  sewer  system;  extension,  notice  of,  petition. 
If  in  the  petition  for  the  establishment  of  a  sewer  dis- 
trict or  for  an  extension  to  an  existing  district,  the 
petitioners  shall  pray  that  a  portion  or  portions  only 
of  the  system  designed  ultimately  to  serve  the  entire 
district  or  an  extension  to  the  said  district,  shall  be 
constructed  in  the  first  instance,  and  shall  describe  the 
said  portion  or  portions  in  their  said  petitfon,  and  in- 
dicate the  same  on  the  said  map  and  plan,  and  shall 


Extracts  from  Town  Law  n.> 

specify  the  maximum  amount  proposed  to  be  expended 
in  the  construction  of  such  portion  or  portions  of  the 
said  system,  the  town  board  may  include  in  its  order 
establishing  the  said  district  or  extension,  a  direction 
that  the  sewer  commissioners  shall  construct  only  the 
portion  or  portions  of  the  said  system  designated  in 
the  said  petition,  until  extensions  thereto  shall  be  au- 
thorized as  hereinafter  provided.  In  case  the  town 
board  shall  make  an  order  establishing  the  said  district 
and  containing  the  said  direction,  the  provisions  of  this 
chapter  shall  be  applicable  thereto  in  all  respects,  ex- 
cept that  the  town  board  shall  not  issue  bonds  to  pro- 
vide for  the  cost  of  such  portion  or  portions  to  an 
amount  exceeding  the  amount  mentioned  in  the  said 
petition  as  the  maximum  amount  proposed  to  be  ex- 
pended in  the  construction  of  such  portion  or  portions. 
Thereafter  extensions  to  the  said  system  may,  from  time 
to  time,  be  authorized  by  the  town  board  upon  the  peti- 
tion of  the  owners  of  real  property  within  the  area  in 
said  district  to  be  served  by  any  proposed  extension 
or  extensions  to  the  said  system,  representing  more  than 
one-half  in  value  of  the  taxable  real  property  within 
such  area,  as  apppears  by  the  last  preceding  com- 
pleted assessment-roll,  which  said  petition  shall  comply 
in  form,  substance,  and  in  the  manner  of  execution,  so 
far  as  applicable  thereto,  with  the  requirements  of  the 
petition  for  the  establishment  of  a  sewer  district,  and 
shall  state  the  maximum  amount  proposed  to  be  ex- 
pended for  such  extension  or  extensions,  and  shall  have 
endorsed  thereon  a  written  approval  of  a  majority  of 
the  sewer  commissioners  of  such  district,  and  there 
shall  be  presented  with  the  said  petition  a  map  prepared 
by  a  competent  engineer,  showing  the  area  proposed  to 
be  served  by  any  such  proposed  extension,  and  in  case 
such  proposed  extension  or  extensions  involve  a  change 


416  The  Public  Health  Law 

from  the  plans  shown  by  the  map  and  plan  attached 
to  the  petition  for  the  establishment  of  the  said  sewer 
district  such  petition  shall  be  accompanied  by  a  map 
and  plan  of  such  extension  or  extensions  prepared  in  the 
same  manner  as  the  original  map  and  plan,  and  ap- 
proved by  the  state  board  of  health.  Before  acting  upon 
a  petition  to  extend  the  system  in  any  district  or  exten- 
sion thereof,  the  town  board  shall  give  notice  of  the 
time  and  place  at  which  it  will  meet  to  act  thereon, 
by  posting  at  least  twenty-one  days  before  the  day  fixed 
for  the  said  meeting  a  notice  thereof  in  at  least  four 
public  places  in  the  said  district,  and  by  publishing  a 
notice  thereof  once  in  each  of  the  three  calendar  weeks 
immediately  preceding  the  week  in  which  the  said  meet- 
ing is  to  be  held  in  at  least  one  newspaper  published 
in  the  said  town,  if  a  newspaper  is  published  therein. 
The  cost  to  the  petitioners  of  the  maps,  plans,  speci- 
fications, and  of  the  acknowledgments  of  the  signatures 
to  such  petition  may  be  made  a  part  of  the  expense  of 
constructing  the  said  extension  or  extensions  as  pro- 
vided in  section  two  hundred  and  thirty  of  the  town 
law  with  respect  to  the  like  expenditures  of  the  original 
petitioners,  and  the  maximum  amount  proposed  to  be 
expended  in  the  construction  of  any  such  extension  or 
extensions  to  the  sewer  system  in  any  such  district 
may  be  increased  by  the  petition  of  the  owners  of  real 
property  in  the  area  proposed  to  be  served  thereby, 
representing  more  than  one-half  the  taxable  real  prop- 
erty therein  as  appears  by  the  last  preceding  completed 
assessment-roll  of  said  town,  in  the  manner  specified 
in  section  two  hundred  and  thirty  of  the  town  law  for 
increasing  the  maximum  amount  proposed  to  be  ex- 
pended for  the  construction  of  the  original  system. 
In  case  said  extension  or  extensions  to  the  said  sewer 


Extracts  from  Town  Law  417 

system  in  any  such  district  shall  be  authorized  by  the 
town  board  of  any  such  town,  such  extension  or  ex- 
tensions, shall  thereafter,  for  all  purposes,  be  regarded 
as  part  of  the  original  system,  and  shall  be  constructed 
and  maintained  by  the  sewer  commissioners  of  the  said 
district,  and  the  cost  of  the  construction  thereof  shall 
fee  provided  for  by  the  issue  and  sale  of  town  bonds 
in  the  same  manner  as  provided  in  section  two  hun- 
dred and  thirty-seven  of  the  town  law  for  the  payment 
of  the  cost  of  the  original  system  which  said  bonds 
shall  be  a  town  charge,  and  the  principal  and  interest 
thereof,  together  with  the  cost  of  maintenance  of  such 
extension  or  extensions,  shall  be  collected  from  the 
real  property  within  the  said  district  by  the  said  sewer 
commissioners,  in  the  same  manner  as  though  said  ex- 
tension or  extensions  had  formed  a  part  of  the  original 
system  constructed  in  the  said  district.  (Added  by  L. 
1912,  ch.  205,  in  effect  April  S,  1912.) 

§  231.  Action  by  town  board.  If  the  town  board  is 
satisfied  that  the  petitioners  are  owners  of  real  prop- 
erty in  the  proposed  district  or  extension,  and  own 
more  than  one-half  in  value  of  the  taxable  real  prop- 
erty therein,  they  shall  make  an  order  establishing 
such  district,  or  extending  the  boundaries  of  an  ex- 
isting district,  and  if  establishing  a  new  district,  ap- 
pointing three  taxpayers  therein  as  sewer  commis- 
sioners, who  shall  hold  their  offices  at  the  pleasure  of 
the  town  board.  Such  sewer  commissioners  shall  each 
be  paid  for  their  services,  at  such  times  as  the  town 
board  may  designate  in  said  order,  an  amount  to  be 
fixed  by  the  town  board,  which  amount  shall  not  ex- 
ceed three  dollars  per  day  for  each  day  actually  and 
necessarily  spent  in  the  business  of  the  sewer  district 
and  shall  be  deemed  an  expense  of  maintaining  the 
14 


4 is  The  Public  Health  Law 

sewer  system  and  shall  be  collected  and  paid  as  pro- 
vided in  section  two  hundred  and  forty-three  of  thi9 
chapter  for  expense  of  maintenance.  (Am'd  by  L. 
1910,  ch.  134  and  L.  1911,  ch.  507,  in  effect  June  28, 
1911.) 

L.  1911,  ch.  507.  §  2.  This  act  shall  not  affect 
any  proceeding  now  pending  under  any  sections  of 
the  town  law  amended  by  this  act  and  begun  in 
conformity  to  the  requirements  thereof  as  they 
existed  prior  to  the  taking  effect  of  this  act,  and 
such  proceedings  may  be  conducted  to  a  completion 
with  the  same  force  and  effect  as  if  said  sections 
had   not   been   hereby   amended. 

§  232.  Oaths  and  undertakings  of  commissioners. 
Each  commissioner  before  entering  on  the  duties  of  his 
office  shall  take  the  constitutional  oath  of  office  and 
execute  to  the  town  and  file  with  the  town  clerk  an 
official  undertaking  in  such  sum  and  with  such  sureties 
as  the  town  board  shall  direct.  The  town  board  may 
at  any  time  require  any  such  commissioner  to  file  a 
new  official  undertaking  for  such  sum  and  with  such 
sureties  as  the  board  shall  direct. 

§  233.  Approval  and  filing  of  map  and  plan  of  sewer 
system.  The  sewer  commissioners  shall  cause  a  copy 
of  the  map  and  plan  of  the  proposed  sewer  system,  or 
proposed  extension  thereof,  to  be  submitted  to  the 
state  board  of  health,  and  if  approved,  it  shall  be  filed 
in  its  office.  Such  map  and  plan  may  be  amended  with 
the  approval  of  the  state  board  of  health,  and  if 
amended,  it  shall  be  filed  in  the  offices  of  the  state 
board  of  health  and  of  the  town  clerk.  (Am'd  by  L. 
]!)]().  ch.  134,  in  effect  April  21,  1910.) 

§  234.  Contracts  for  the  construction  of  sewer  system. 
The  sewer  commissioners  of  such  district  shall  adver- 
tise for  proposals  for  the  construction  of  a  sewer  sys- 
tem, or  an  extension  thereof,  according  to  such  map  and 
plan,  finally  filed,  either  under  an  entire  contract  or  in 
parts  or  sections  as  the  board  may  determine.  Such 
advertisement  shall  be  published  once   in   each   of  two 


Extracts  from  Town  Law  419 

successive  weeks  in  each  newspaper  published  in  said 
sewer  district  and  extension  thereof,  and  if  no  news- 
paper is  published  therein,  in  the  two  newspapers  pub- 
lished nearest  thereto.  The  commissioners  may  re- 
quire a  bond  or  deposit  from  each  person  submitting 
a  proposal,  to  be  not  less  than  twenty-five  per  centum 
of  the  amount  involved,  the  liability  on  such  bond  to 
accrue,  or  such  deposit  to  be  forfeited  to  the  town,  in 
case  such  person  shall  refuse  to  enter  into  a  contract  in 
accordance  with  his  proposal.  The  commissioners  may 
accept  or  reject  any  or  all  proposals,  and  when  the  con- 
tract is  let  it  shall  be  let  to  the  lowest  bidder.  No  con- 
tract shall  be  made  by  which  a  greater  amount  shall  be 
agreed  to  be  paid  than  the  maximum  amount  stated  in 
the  petition  for  the  construction  of  such  sewer,  as 
amended  by  supplemental  petition,  if  any,  including  the 
expense  of  superintendence  and  inspection  as  provided 
in  section  two  hundred  and  thirty-five.  Each  contract 
shall  be  executed  in  duplicate,  one  of  which  shall  be 
given  to  the  contractor  and  the  other  shall  be  filed  in 
the  office  of  the  town  clerk.  (Am'd  by  L.  1910,  ch. 
134,  in  effect  April  21,  1910.) 

§  235.  Supervising  engineer,  inspectors  and  attorney. 
The  sewer  commissioners  may  employ  an  attorney,  a 
supervising  engineer  to  superintend  and  inspect  the 
construction  of  any  sewer,  or  extension  thereof,  or 
works  connected  therewith,  and  also  such  inspectors  as 
may  be  necessary,  and  fix  the  compensation  of  such 
attorney,  engineer  and  inspectors.  Such  compensation, 
together  with  the  fees,  charges  and  expenses  of  the 
engineer  employed  to  prepare  the  map,  plan  and  speci- 
fications, and  the  cost  of  the  acknowledgments  of  the 
signatures  of  the  petitioners,  as  provided  for  in  section 
two  hundred  and  thirty  of  this  chapter,  shall  be  treated 
as  a  part  of  the  expense  of  construction. 

5  230.  Acquisition  of  property  by  condemnation.  If 
sewer  commissioners  are  unable  to  agree  with  the  owners 


420  The  Public  Health  Law 

for  the  purchase  of  real  property  necessary  for  the 
construction  of  the  sewer  system,  they  may  acquire  the 
same  by  condemnation,  whether  it  be  necessary  to  ac- 
quire the  fee  or  an  easement  for  a  right  of  way  therein, 
and  whether  the  property  and  easements  necessary  to 
be  acquired  are  within  the  territorial  limits  of  the 
sewer  district  as  established;  said  sewer  commissioners 
may  enter  into  an  agreement  with  the  board  of  trustees 
or  other  duly  authorized  officers  of  an  adjoining  incor- 
porated village,  to  sewer  some  part  or  portion  of  such 
incorporated  village,  and  to  lay  and  maintain  pipes 
therein,  and  when  pipes  are  laid  and  maintained,  and 
sewer  system  constructed  within  the  limits  of  an  ad- 
joining incorporated  village  pursuant  to  an  agreement 
so  made,  the  sewer  commissioners  shall  have  the  same 
control  and  exercise  the  same  rights  and  privileges  in 
connection  with  the  system  constructed  within  the  limits 
of  an  incorporated  village  as  they  have  in  connection 
with  the  system  established  within  the  sewer  district  as 
laid    out. 

§  237.  Apportionment  of  local  assessment  for  con- 
struction. The  sewer  commissioners  shall  prepare  and 
file  in  the  office  of  the  town  clerk  a  map  and  plan  of 
such  district,  or  extension,  which  shall  show  the  high- 
ways and  the  several  parcels  of  land  therein.  The 
commissioners  shall  report  to  the  town  board  the 
amount  of  the  cost  of  construction  of  such  sewer  sys- 
tem as  determined  under  the  foregoing  provisions  here- 
of. The  town  board  shall  direct  the  issue  and  sale  of 
bonds  for  the  amount  of  the  cost  of  construction  as  so 
reported  to  said  board  by  the  said  commissioners,  which 
said  bonds  shall  be  redeemable  in  such  equal  yearly 
instalments,  the  interest  thereon  to  be  paid  semi- 
annually, as  said  town  board  shall  prescribe,  and  shall 
be  a  town  charge.  In  the  month  of  July  in  each  year 
the  town  board  shall  notify  the  sewer  commissioners 
of  the  amount  to  become  due  for  principal  and  interest 


Extracts  from  Town  Law  421 

during  the  ensuing  year  on  the  bonds  so  issued.  The 
sewer  commissioners  shall  forthwith  proceed  to  assess 
such  amount  on  the  lands  within  such  district,  or  exten- 
sion of  an  existing  district,  in  proportion  as  nearly  as 
may  be  to  the  benefit  which  each  lot  or  parcel  will 
derive  therefrom.  After  making  such  apportionment, 
said  commissioners  shall  forthwith  serve  on  each  land 
owner  a  notice  of  at  least  ten  days  of  the  completion 
thereof  and  of  the  filing  of  such  map  and  plan,  and 
that  at  a  specified  time  and  place  a  hearing  will  be  had 
to  consider  and  review  the  same.  Such  notice  must  be 
served  upon  said  land  owners  personally  or  by  mail- 
ing the  same  to  their  last  known  respective  addresses 
or  by  publishing  the  same  once  each  week  for  two 
weeks,  in  a  newspaper  which  circulates  in  said  district, 
or  by  either  or  any  of  said  methods.  The  commis- 
sioners shall  meet  at  the  time  and  place  specified  to 
hear  objections  to  such  apportionment,  and  may  modify 
and  correct  the  same.  The  sewer  commissioners  upon 
the  completion  and  correction  of  such  apportionment 
shall  forthwith  file  the  same  in  the  office  of  the  town 
clerk,  and  shall  give  notice  of  the  filing  of  such  com- 
pleted and  corrected  apportionment  in  the  manner  pro- 
vided for  by  section  thirty-nine  of  the  tax  law  as  to 
towns.  The  apportionment  shall  then  be  deemed  final 
and  conclusive  unless  an  appeal  is  taken  therefrom,  as 
hereinafter  provided,  within  fifteen  days  after  the  fil- 
ing thereof.  The  town  board  shall  present  to  the  board 
of  supervisors  at  its  annual  meeting,  a  statement  of 
such  apportionment  as  so  corrected  and  filed,  showing 
the  amount  due,  or  to  become  due,  for  principal  and 
interest  during  the  ensuing  year,  on  the  bonds  issued 
under  this  article;  each  lot  or  parcel  liable  to  pay  the 
same,  and  the  amount  chargeable  to  each.  The  board 
of  supervisors  shall  levy  such  sums  against  the  prop- 
erty liable,  and  shall  state  the  amount  of  the  tax  in 
a    separate    column    in   the    annual   tax-roll   under   the 


422  The  Public  Health  Law 

name  "  sewer  tax."'  Such  tax  when  collected  shall 
be  paid  to  the  supervisor  and  be  by  him  applied  in 
payment  of  the  bonds.  An  unpaid  assessment  shall 
be  collected  in  the  same  manner  and  shall  subject  the 
land  and  land  owner  liable  therefor,  to  the  same  in- 
terest, burdens  and  penalties,  as  other  town  taxes  in 
arrears.  (Am'd  by  L.  1910,  ch.  134  and  L.  1915,  ch. 
368,  in  effect  April  26,  1915.) 

§  238.  Appeal  from  apportionment.  A  person  aggrieved 
by  an  apportionment  may,  within  fifteen  days  after 
the  filing  thereof,  appeal  therefrom  to  the  county  court 
of  the  county  in  which  such  district  is  situated.  Such 
appeal  shall  be  taken  by  a  notice  stating  the  grounds 
thereof,  served  personally  or  by  mail  upon  each  of  the 
sewer  commissioners  and  filed  with  the  town  clerk. 

§  239.  Hearing  of  appeal.  Either  party  may  bring 
on  the  appeal  on  a  notice  of  not  less  than  ten  nor 
more  than  twenty  days.  All  appeals  from  the  same 
apportionment  must  be  consolidated  and  heard  as  one 
appeal.  The  county  court  may  affirm  or  reverse  the 
apportionment.  If  it  be  reversed  on  the  ground  that  it 
is  erroneous,  unequal  or  inequitable,  the  court  shall,  by 
order  of  reversal,  appoint  three  disinterested  freeholders 
of  the  district  as  commissioners  to  make  a  new  appor- 
tionment, and  no  appeal  shall  be  allowed  from  such 
order. 

§  240.  Reapportionment.  A  reapportionment  shall  be 
made  in  the  following  cases: 

1.  By  the  commissioners  appointed  by  the  county 
court  where  the  original  apportionment  is  reversed  on 
the  ground  that  it  is  erroneous,  unequal  or  inequitable. 

2.  By  the  sewer  commissioners  of  the  district  where 
the  original  apportionment  is  reversed  upon  any  other 
ground.  A  reapportionment  under  this  subdivision 
shall  be  made   in   like  manner  as  the  original. 

3.  Reapportionments  shall  also  be  made  by  the  sewer 


Extracts  from  Town  Law  423 

commissioners  in  like  manner  as  original  apportion- 
ments are  made  upon  the  petition  of  the  owners  of 
real  property  in  said  district  representing  a  majority 
of  the  taxable  property  therein,  as  appears  by  the 
last  preceding  completed  assessment-roll  when  the  said 
petition  shall  state  that  the  existing  apportionments 
have  become  unequal  or  inequitable;  such  reapportion- 
ments shall  be  made  from  time  to  time,  but  not  oftener 
than  once  in  three  years.  (Am'd  by  L.  1911,  ch.  251,  in 
effect  June  6,  1911.) 

§  241.  Procedure  by  new  commissioners.  The  com- 
missioners appointed  by  the  county  court  shall  give 
notice  of  the  time  and  place  at  which  they  will  meet 
to  make  such  reapportionment,  and  shall  serve  notice 
thereof,  either  personally  or  by  mail,  at  least  ten  days 
before  such  meeting  upon  each  owner  of  land  within 
such  district  or  extension  of  an  existing  district,  as 
finally  fixed  by  the  board  of  sewer  commissioners.  They 
shall  meet  at  the  time  and  place  specified  and  make 
such  reapportionment  in  the  manner  herein  prescribed 
for  the  sewer  commissioners.  They  shall  file  such  re- 
apportionment in  the  office  of  the  town  clerk,  and  it 
shall  be  final  and  conclusive.  (Am'd  by  L.  1910,  ch. 
134,  in  effect  April  21,  1910.) 

§  242.  Fees  of  commissioners.  Each  commissioner 
appointed  by  the  county  court  is  entitled  to  five  dollars 
for  each  day  necessarily  spent  in  making  such  reappor- 
tionment, besides  his  actual  necessary  expenses.  Such 
fees  and  expenses  are  a  charge  against  the  town,  and 
must  be  audited  by  the  town  board.  The  amount  thereof 
shall  be  added  to  the  portion  of  the  expense  of  con- 
structing such  sewer  or  sewer  system,  which  is  to  be 
assessed  against  property  in  such  sewer  district  or 
extension.  (Am'd  by  L.  1910,  ch.  134,  in  effect  April 
21,   1910.) 

§  243.  Expense  of  maintenance,  how  raised.  After 
the  sewer  svstem  is  constructed  it  shall  be  maintained 


424  The  Public  Health  Law 

by  the  commissioners,  and  the  cost  of  such  maintenance 
shall  be  a  charge  upon  the  sewer  district.  In  July  of 
each  year,  the  sewer  commissioners  shall  present  to  the 
town  board  an  estimate  of  the  amount  of  money 
required  by  said  commissioners  to  meet  the  expenses  of 
maintaining  the  sewer  system  for  the  ensuing  year. 
The  town  board  shall  formally  pass  upon  such  estimate 
and  approve,  or  correct  and  approve,  the  same.  The 
sewer  commissioners  shall  thereupon  assess  the  amount 
of  the  estimate  as  so  approved,  and  corrected,  on  the 
lands  within  their  district,  in  proportion,  as  nearly  as 
may  be,  to  the  benefit  which  each  lot  or  parcel  will  de- 
rive *thereform,  and  shall  give  the  same  notice  thereof, 
and  shall  correct  and  file  such  reapportionment  in  the 
same  manner,  and  shall  give  the  same  notice  of  the 
filing  of  such  corrected  apportionment,  as  is  provided 
for  in  section  two  hundred  and  thirty-seven  of  this 
chapter.  An  appeal  may  be  taken  from  such  corrected 
apportionment  within  the  same  time,  and  the  procedure 
thereupon  shall  be  the  same  as  specified  in  sections  two 
nundred  and  thirty-eight  to  two  hundred  and  forty-two, 
both  inclusive,  of  this  chapter,  except  that  the  fees 
of  the  commissioners  appointed  by  the  county  court  to 
readjust  the  apportionment  made  pursuant  to  this  sec- 
tion shall  be  a  charge  upon  the  sewer  district,  and  shall 
be  included  in  the  expenses  of  maintenance.  Whenever 
an  apportionment  is  to  be  made  to  meet  an  instalment 
of  principal  and  interest  on  the  bonds  issued  pursuant 
to  section  two  hundred  and  thirty-seven  of  this  chap- 
ter, any  proceedings  for  the  correction,  review  or  re- 
adjustment thereof  shall  be  consolidated  with  the  like 
proceedings,  if  any,  with  respect  to  the  apportionment 
made  as  provided  in  this  section.  The  town  board  shall 
present  such  estimate  to  the  board  of  supervisors  at  its 
annual  meeting,  with  a  statement  of  each  property  or 


*  .So   in   original. 


Extracts  from  Towx  Law  425 

parcel  liable  for  the  same  and  the  amount  chargeable  to 
each.  The  board  of  supervisors  shall  levy  such  sums 
against  the  property  liable  and  shall  state  the  amount 
of  tax  in  the  annual  tax  roll  under  the  name  "  sewer 
tax,"  with  the  sewer  tax  to  be  raised  for  payment  of 
bonds  as  provided  in  section  two  hundred  and  thirty- 
seven  of  this  chapter,  and  after  such  bonds  shall  have 
been  entirely  paid  in  a  similar  column  headed  "  sewei 
tax."  This  tax  for  maintenance,  when  collected,  shall 
be  paid  to  the  supervisor  of  the  town  and  by  him  paid 
to  the  sewer  commissioners  to  meet  the  expense  of 
maintenance  of  the  sewer  system.  An  unpaid  assess- 
ment under  this  section  shall  be  collected  in  the  manner 
provided  for  in  section  two  hundred  and  thirty-seven  of 
this  chapter.  The  sewer  system  as  so  constructed,  or  as 
hereafter  added  to  or  changed,  shall  be  under  the  charge 
and  control  of  the  sewer  commissioners,  under  whose 
supervision  it  shall  be  used  by  property  owners,  and  no 
person  shall  enter  into,  open  or  interfere  with  or  use 
said  sewer  system  except  under  the  inspection  and 
direction  of  said  sewer  commissioners  and  after  formal 
permission  shall  have  been  given  by  said  commissioners. 
The  sewer  commissioners  shall  adopt  rules  and  regula- 
tions to  govern  the  maintenance  and  use  of  the  sewer 
system  and  shall  therein  fix  the  amount  of  fees  that 
shall  be  chargeable  to  individuals  or  property  owners 
who  may  wish  to  enter  or  use  the  sewer  system,  which 
fees  shall  be  sufficient  in  amount  to  pay  for  the  cost  of 
inspection  of  such  entry  or  entries.  Any  person  violat- 
ing any  provisions  hereof  and  interfering  with,  entering 
or  using  said  sewer  system  without  obtaining  such  per- 
mission shall  be  guilty  of  a  misdemeanor  and  liable  to 
punishment  accordingly.  (Am'd  by  L.  1910.  ch.  134,  in 
effect  April  21,   1910.) 

§  244.  Annual  statement  of  commissioners.    The  sewer 
commissioners  shall  in  the  month  of  December  in  each 


426  The  Public  Health  Law 

year  file  in  the  office  of  the  town  clerk  a  detailed  state- 
ment, under  oath,  of  the  moneys  received  and  paid  by 
them  since  their  last  statement  under  the  provisions 
of  this  chapter,  together  with  the  names  of  the  persons 
or  parties  from  whom  the  same  were  received  and  to 
whom  the  same  were  paid,  and  the  object  of  each 
payment,  with  the  vouchers  therefor.  Such  statement 
shall  show  the  balance  remaining  in  their  hands,  which 
balance  shall  be  applied  to  maintenance  account  for  the 
following  year.  (Am'd  by  L.  1910,  ch.  134,  in  effect 
April  21,  1910.) 

§  245.  Sewer  connections.  The  board  of  sewer  com- 
missioners shall  cause  a  notice  to  be  published  in  every 
newspaper  published  in  the  town  or  towns  in  which  the 
sewer  district  is  located,  and  posted  in  at  least  twenty 
conspicuous  public  places  in  the  district,  requiring  the 
owners  or  occupants  of  all  property  fronting  or  abutting 
on  any  street  or  portion  thereof  in  the  town  in  which  any 
public  sewer  is  about  to  be  laid  or  is  being  laid  or  has 
been  laid  by  such  board  to  make  and  lay  connection  pipes 
to  and  from  the  sewer  mains  in  such  street  or  any  portion 
thereof  in  front  of  each  separate  piece  of  property,  and 
where  directed  by  such  board  within  such  time  and  in 
such  manner  and  under  such  inspection  as  such  board 
shall  prescribe;  and  whenever  any  such  owner  or  occu- 
pant shall  have  made  default  in  making  such  connection 
with  such  sewer  mains  opposite  the  lands  and  premises 
owned  or  occupied  by  him  as  directed  in  and  required 
by  such  printed  notice  therefor,  in  the  manner  and 
within  the  time  specified,  such  board  shall  have  power 
and  authority  to  so  make,  extend  and  complete  the  same 
to  the  property  line  of  the  lands  and  premises  so  owned 
or  occupied  opposite  thereto  and  in  front  thereof,  and 
to  connect  the  same  with  any  existing  pipes  in  front 
thereof;  and  the  actual  expense  thereof,  including  all 
labor  done  and  materials  used  in  doing  and  completing 


Extracts  from  Town  Law  427 

the  same,  shall  be  assessed  by  the  board  upon  each  sepa- 
rate piece  of  property  opposite  which  the  same  shall  be 
done  and  completed  and  shall  be  a  lien  and  liens  on 
such  premises  and  lots  of  land  respectively,  and  the 
same  shall  be  collected  in  the  same  manner  as  other 
assessments  under  this  article,  and  when  so  collected, 
the  amount  thereof  shall  be  paid  to  the  sewer  commis- 
sioners to  meet  the  expense  or  maintenance  of  the  sewer 
system.  (Added  by  L.  1913,  ch.  421,  in  effect  April 
30,  1913.) 

§  246.  Constructing  laterals  in  such  districts.  The 
board  of  sewer  commissioners  may  in  any  town  where 
a  sewer  district  has  been  laid  out  and  established  as 
hereinbefore  set  forth,  construct  one  or  more  laterals 
upon  one  or  more  streets  within  the  sewer  district  as 
established,  from  time  to  time,  entirely  at  the  expense 
of  the  owners  of  the  land  fronting  on  said  street,  streets 
or  portions  thereof  whereupon  said  lateral  or  laterals 
are  constructed  provided  a  petition  therefor  be  presented 
to  the  board  of  sewer  commissioners  signed  by  at  least 
a  majority  of  the  owners  of  real  property  fronting  on 
said  street,  streets  or  portions  thereof  whereupon  it  is 
proposed  to  lay  and  construct  said  lateral  or  laterals. 
The  board  of  sewer  commissioners  shall  upon  the  re- 
ceipt of  a  petition  as  aforesaid  give  a  public  hearing 
thereon  to  all  persons  interested  on  a  notice  of  at  least 
ten  days,  which  notice  shall  specify  the  time  and  place 
said  hearing  shall  be  held  and  shall  be  served  Upon 
the  owners  of  the  land  fronting  upon  said  street,  streets 
or  portions  thereof  set  forth  and  described  in  said  peti- 
tion by  mailing  the  same  to  their  last  known  respective 
addresses  or  by  publishing  the  same  once  each  week  for 
twro  weeks  in  a  newspaper  which  circulates  in  said 
district,  or  by  either  or  any  of  said  methods.  If  the 
board  of  sewer  commissioners  shall  act  favorably  upon 
said  petition,  they  shall  by  resolution  direct  that  suit- 
able plans  be  prepared,  showing  the  location  of  such 
lateral  or  laterals  and  such  street,  streets  or  portions 


42 s  The  Public  Health  Law 

thereof  it  is  proposed  to  sewer  thereby,  giving  the 
dimensions  of  the  pipes  proposed  to  be  laid,  the  loca- 
tion of  the  manholes  and  flush  tanks,  and  showing  where 
the  same  are  to  be  connected  with  the  sewer  system 
within  said  district,  and  if  there  be  a  lateral  or  portion 
thereof  upon  such  street,  streets  or  portions  thereof,  said 
commissioners  are  hereby  given  power  and  authority  to 
repair  or  enlarge  the  same  so  as  to  conform  as  near 
as  possible  with  the  lateral  to  be  constructed.  (Added 
by  L.   1913,  ch.  72,  in  effect  March  11,  1913.) 

§  247.  Contracts  for  construction  of  laterals.  The 
board  of  sewer  commissioners  may  employ  a  suitable 
engineer  to  make  a  survey  and  prepare  the  plans  re- 
ferred to  in  section  two  hundred  forty-six,  and  after 
the  same  has  been  prepared  and  adopted  by  the  board 
of  sewer  commissioners  they  may  cause  specifications  to 
be  made,  and  to  advertise  for  bids  to  construct  such 
lateral,  laterals  or  portions  thereof  referred  to  in  such 
petition,  and  to  do  all  things  necessary  in  connection 
therewith,  and  to  award  a  contract  for  the  construction 
thereof  to  the  lowest  bidder,  or  they  may  reject  any 
and  all  bids  and  readvertise.  (Added  by  L.  1913,  ch. 
72,  in  effect  March  11,  1913.) 

§  248.  Improvements;  how  paid  for.  After  the  board 
of  sewer  commissioners  have  received  the  bids,  they  must 
ascertain  the  total  cost  of  constructing  said  laterals  in- 
cluding the  fees  of  the  engineers  and  inspectors.  They 
shall  then  report  to  the  town  board  of  the  town  wherein 
said  sewer  system  is  located,  to  which  report  there  shall 
be  attached  a  copy  of  the  plans  and  specifications  for 
such  improvement  and  tabulated  statement  of  the  bids 
received,  showing  the  lowest  bid  and  the  estimated  cost 
of  the  improvement  as  determined  by  the  sewer  com- 
missioners, which  shall  be  filed  in  the  office  of  the  clerk 
of  said  town,  and  the  town  board  shall  direct  the  issue 
and  sale  of  bonds  for  the  aggregate  amount  of  the  cost 
of  said  improvement  as  provided  in  section  two  hun- 
dred and  forty-three  of  this  act,  and  the  principal  and 


Extracts  from  Tow?  Law  429 

interest  on  said  bonds  shall  be  apportioned  upon  the 
property  fronting  upon  said  street,  streets  or  portion 
thereof  referred  to  and  mentioned  in  said  petition  in 
the  same  manner  as  the  original  cost  of  constructing 
the  sewer  system  is  directed  to  be  apportioned  upon 
the  property  within  the  district,  and  the  sewer  com- 
missioners shall  have  the  same  control  and  make  the 
same  rules  and  regulations  in  connection  with  the 
lateral,  laterals  or  portions  thereof  so  constructed  as 
they  may  enforce  from  time  to  time  in  reference  to  the 
sewer  system  within  said  district,  and  the  cost  of  main- 
taining the  same  shall  become  a  part  of  maintaining 
the  entire  sewer  system  and  be  apportioned  in  the  same 
manner.  After  the  money  is  obtained  for  the  construc- 
tion of  said  lateral,  laterals  or  portions  thereof,  the 
commissioners  shall  then  enter  into  a  contract  for  the 
construction  of  the  same,  which  contract  shall  be  en- 
tered into  the  same  manner  as  the  contract  referred 
to  in  reference  to  the  construction  of  the  entire  system. 
(Added  by  L.  1913,  eh.  72,  in  effect  March  11,  1913.) 

§  477-a.  Collection  of  ashes  and  disposition  of  gar- 
bage in  certain  towns.  The  said  board,  upon  a  petition 
of  the  owners  of  the  real  estate  in  said  town,  or  the 
owners  of  the  real  estate  in  the  part  of  said  town  in 
such  petition  described,  may  contract  with  persons  or 
corporations  for  the  collection  and  disposition  of  all 
ashes,  refuse  or  other  indestructible  matter,  swill  or 
garbage,  in  said  town  or  in  the  part  thereof  described 
in  such  petition,  but  the  expense  thereof  shall  be 
assessed  upon  and  collected  from  the  several  lots  or 
parcels  of  land  described  in  such  petition.  No  such 
petition  shall  be  of  any  force  or  effect,  nor  shall  such 
petition  be  acted  upon  by  such  board,  unless  the  same 
shall  be  signed  by  the  resident  owners  representing 
not  less  than  one-half  of  the  taxable  real  estate  situ- 
ated in  the  district  described  in  such  petition.  (Added 
by   L.    1916,   ch.    91,   in   effect   March    30,    1916.) 


430  The  Public  Health  Law 

EXTRACTS  FROM  VILLAGE  LAW 

(L.   1909,   ch.   64,   const,   ch.   64  of  Cons.   Laws) 

ARTICLE  III 

§  43.  List  of  village  officers;  mode  of  choosing;  official 
year;  terms  of  office.  Every  village  shall  have  a 
president,  not  less  than  two  trustees,  a  treasurer,  a 
clerk  and  a  street  commissioner.  Except  as  herein 
provided,  every  village  shall  also  have  a  collector,  but 
a  village  of  the  first  class  may,  upon  the  adoption  of 
a  proposition  therefor  at  a  special  election  and  a  vil- 
lage of  the  second  class  may,  upon  the  adoption  of  a 
proposition  therefor  at  an  annual  or  special  election, 
determine  that  no  collector  shall  thereafter  be  elected 
therein.  A  village  of  the  first  or  second  class  may 
also  have  a  deputy  clerk,  and  any  village  may  have 
a  village  engineer. 

There  shall  be  a  board  of  health  in  each  village, 
consisting  of  the  board  of  trustees  of  such  village. 
The  president,  trustees,  treasurer,  collector,  police  jus- 
tice and  assessors  shall  be  elective  officers,  except  that 
in  a  village  of  the  first  or  second  class  the  treasurer 
may  be  appointed,  upon  the  adoption  of  a  proposition 
therefor  at  a  village  election.  All  other  village  offi- 
cers shall  be  appointed  by  the  board  of  trustees,  except 
as  otherwise  provided  herein. 

In  all  villages  the  offices  of  clerk  and  street  commis- 
sioner may  be  elective,  upon  the  adoption  of  a  propo- 
sition therefor  at  a  village  election,  and  after  the 
adoption  of  such  a  proposition,  a  proposition  may  be 
submitted  for  the  appointment  of  such  officers,  at  any 
subsequent  village  election.  After  a  proposition  has 
been  adopted  changing  the  method  of  filling  such 
offices,  another  proposition  changing  such  method  shall 
not  be  submitted  until  after  a  period  of  two  years 
from   the   adoption   of   such   prior    proposition. 


Extracts  from  Village  Law  431 

An  "  official  year  "  begins  at  noon  on  the  first  Mon- 
day after  the  third  Tuesday  of  March,  and  ends  at 
noon  on  the  same  Monday  in  the  next  calendar  year. 
The  term  of  office  of  the  president,  treasurer,  collector, 
clerk,  street  commissioner  and  inspectors  of  election 
shall  be  one  official  year;  of  each  trustee  elected  for  a 
full  term,  two  official  years,  and  of  a  police  justice, 
four  calendar  years.  The  term  of  each  village  officer, 
except  police  justice,  begins  at  noon  on  the  first  Mon- 
day after  the  annual  election.  A  full  term  of  the 
police  justice  begins  on  the  first  day  of  January  suc- 
ceeding the  annual  election  at  which  he  was  elected. 
After  the  first  election  in  a  village  subject  to  the  pro- 
visions of  this  chapter  one-half  of  the  trustees  shall 
be  elected  each  year  for  a  full  term.  (Am'd  by  L. 
1915,   ch.   323,   in   effect  April    17,    1915.) 

ARTICLE  IV 

§  87.  Meetings  of  the  board  of  trustees.  The  presi- 
dent and  the  trustees  of  a  village  shall  constitute  the 
board  of  trustees  thereof.  The  board  shall  meet  at  seven 
o'clock  in  the  afternoon  of  the  Monday  following  the 
annual  election,  and  such  meeting  is  known  as  the 
annual  meeting  of  the  board.  The  board  shall  hold 
other  regular  meetings  at  such  times  and  places  in  the 
village  as  it  shall,  by  resolution,  provide.  Special 
meetings  may  be  called  by  the  president  or  by  any 
two  trustees,  by  causing  a  written  notice,  specifying 
the  time  and  place  thereof,  to  be  served  upon  each 
member  of  the  board,  personally,  at  least  one  hour, 
or  by  leaving  a  notice  at  his  residence  or  place  of  busi- 
ness with  some  person  of  suitable  age  and  discretion, 
at  least  twenty-four  hours  before  the  time  of  meeting. 

§  89.  General  powers  of  the  board  of  trustees.  The 
board  of  trustees   of  a  village: 


The  Public  Health  Law 

25.  Disposition  of  garbage  and  ashes.  May  pro- 
vide for  the  removal  from  the  buildings  in  said  village 
and  for  the  disposition  of  swill,  garbage,  ashes  and 
rubbish  of  said  buildings,  or  for  the  removal  and  dis- 
position of  the  swill  and  garbage  alone,  or  the  ashes 
alone,  either  directly  through  the  employees  of  said 
village  or  by  contracting  with  other  persons,  provided, 
however,  that  authority  shall  be  first  obtained  there- 
for by  a  proposition  adopted  at  a  village  election, 
which  proposition  shall  state  the  maximum  amount 
to  be  expended  for  such  purpose  or  purposes  in  any  one 
year.  (Am'd  by  L.  1916,  ch.  114,  in  effect  April  1, 
1916.) 

§  90.  Village  ordinances.  The  board  of  trustees  has 
power  to  enact,   amend  and   repeal  ordinances  for   the 

following  purposes: 

********* 

29.  Keeping  of  swTine.  To  regulate  or  prohibit  the 
keeping  of  swine  within  the  village  limits.  (Added  by 
L.  1916.  ch.   199,  in  effect  April  12,   1916.) 

§  90-a.  Building  and  sanitary  codes.  The  board  of 
trustees  of  any  village  of  the  first  class,  whether  organ- 
ized under  a  general  or  special  act,  may,  by  a  majority 
vote  of  all  of  said  board  at  a  meeting  thereof  duly 
held,  taken  and  recorded  by  calling  the  ayes  and  noe3 
adopt  an  ordinance  to  be  known  as  the  building  code, 
which  shall  provide  therein  rules  and  regulations  for 
the  construction,  alteration,  removal  and  inspection  of 
all  buildings  or  structures  erected  or  to  be  erected 
within  the  limits  of  the  village,  providing  therein  and 
regulating  thereby  the  plans  and  means  of  all  such 
construction,  alteration  or  removal  of  all  of  such  build- 
ings and  structures.  Said  board  by  a  majority  vote 
of  all  of  said  board,  at  a  meeting  thereof  duly  held, 
taken  and  recorded  by  calling  the  ayes  and  noes,  may 
also  adopt  an  ordinance  to  be  known  as  the  sanitary 
code,  which  shall  provide  therein  rules  and  regulations 


Extracts  from  Village  Law  433 

for  the  construction,  alteration,  removal  and  inspec- 
tion of  all  plumbing  and  drainage  systems  in  build- 
ings now  erected  or  to  be  erected  upon  property  with- 
in the  limits  of  the  village,  providing  therein  and  reg- 
ulating thereby  all  such  construction,  alteration  or 
removal  of  all  such  plumbing  and  drainage,  and  the 
licensing  of  plumbers  to  do  such  work.  Said  board 
shall  have  authority  to  provide  penalties  or  punish- 
ments for  disobedience  to  said  ordinances  in  the  man- 
ner prescribed  by  section  ninety-three  of  this  chapter 
and  may  appoint  and  remove  such  inspectors  and  exam- 
iners as  may  be  required  to  properly  execute  the  pro- 
visions of  said  ordinances,  and  shall  possess  authority 
to  alter  and  amend  said  ordinances  from  time  to  time 
and  to  issue  licenses  to  plumbers  and  builders  by  a 
like  vote.  Nothing  herein  contained  shall  impair 
any  other  power  conferred  by  law  upon  a  board  of 
trustees  in  relation  to  the  same  or  kindred  matters. 
(Added  by  L.  1910,  ch.  202,  in  effect  April  29,  1910.) 

§  91.  Licensing  occupations.  The  board  of  trustees 
of  a  village  may,  by  ordinance,  prohibit  the  pursuit 
or  exercise  without  a  license  of  any  of  the  following 
trades  or  occupations  within  the  village,  to  wit : 

1.  The  running  of  public  carriages,  eabs,  hacks,  carts, 
drays,  express  wagons,  or  other  vehicles  for  the  trans- 
portation within  the  village,  for  hire,  of  persons  or 
property,  soliciting  or  running  therefor,  or  for  hotels, 
auctioneering,  hawking  and  peddling,  except  the  ped- 
dling of  meats,  fish,  fruit  and  farm  produce. 
********* 

ARTICLE  XI 

Sewers 
Section  260.  Establishment  of  sewer  system. 

261.  Construction   of   sewer    at   expense   of   vil- 

lage. 

262.  Reimbursement   for   sewers   constructed   at 

private   expense. 


434  The  Public  Health  Law 

Section  263.  Construction  of  sewer  at  joint  expense  of 
village   and  of   property  benefited. 
204.  Construction  of  sewers  wholly  at  expense 
of  property  benefited. 

265.  Acquisition  of   property   by  condemnation. 

266.  Contracts    for    construction   of   system. 

267.  Supervising    engineer;    inspectors. 
26S.  Apportionment    of    local    assessment. 

269.  Appeal    from   apportionment. 

270.  Hearing  of  appeal. 

271.  Reapportionment. 

272.  Procedure  by  new   commissioners. 

273.  Fees  of   commissioners. 

274.  Expense   of    construction;    how   raised. 

275.  Tax    for   unpaid    assessments. 

276.  Contracts  with  other  municipalities,  sewer 

districts,  et  cetera. 

277.  Annual   report   of   sewer   commissioners. 
27S.  Sewer   connections. 

§  260.  Establishment  of  sewer  system.  The  board  of 
sewer  commissioners  of  a  village  may  establish,  extend 
and  maintain  a  sewer  system  therein.  Before  taking 
any  proceedings  for  the  construction  of  any  sewer,  the 
board,  at  the  expense  of  the  village,  shall,  unless  such 
map  and  plan  have  already  been  officially  approved 
by  the  state  commissioner  of  health  and  copies  filed 
in  the  state  department  of  health  and  in  tbe  office  of 
the  village  clerk,  cause  a  map  and  plan  of  a  permanent 
sewer  system  for  such  village  to  be  made,  with  specifi- 
cations of  dimensions,  connections  and  outlets  of  sewage 
disposal  works.  It  may  also  include  any  existing  sewer 
in  the  village,  which  on  examination  by  the  village 
engineer  shall  be  found  feasible  and  proper  to  incor- 
porate or  include  in  the  proposed  system.  Such  map 
and  plan  shall  be  comprehensive  and  shall  cover  all 
portions  of  the  village,  but  the  village  may  construct 


Extracts  from  Village  Law  135 

the  whole  of  the  said  system  or  may  temporarily  omit 
any  portions  thereof  until  such  portions  may  be  neces- 
sary, subject  to  the  approval  of  such  omission  by  the 
state  commissioner  of  health  as  hereinafter  provided. 
Such  map  and  plan  shall  be  submitted  to  the  state 
commissioner  of  health  for  his  approval,  and  if  approved 
shall  be  filed  in  his  office.  A  copy  thereof  shall  also  be 
filed  in  the  office  of  the  village  clerk.  The  map  and 
plan  may  be  amended,  with  the  approval  of  the  state 
commissioner  of  health,  and  when  so  amended  and  ap- 
proved shall  be  filed  in  the  same  offices  as  the  original. 
Xo  work  of  any  kind  shall  be  done  on  or  for  the  con- 
struction, extension,  reconstruction,  removal  or  modifica- 
tion of  any  system  of  sewers  or  of  any  sewer  thereof 
until  a  map  and  plan  covering  the  entire  system  shall 
first  have  been  duly  approved  and  filed  as  above  pro- 
vided, and  in  the  execution  of  the  construction,  exten- 
sion, reconstruction,  removal  or  modification  of  any  sys- 
tem of  sewers  or  of  any  sewer  thereof  no  deviations 
from  the  plans  as  finally  approved  and  filed  shall  be 
made  until  plans  or  descriptions  adequately  showing 
such  deviations  are  first  approved  and  filed  as  above 
provided.  Whenever  the  board  of  sewer  commissioners 
of  the  village  shall  deem  it  desirable  to  the  interests  of 
the  village  that  a  portion  of  the  permanent  general 
system  of  sewers  and  sewage  disposal  thereof  may  be 
temporarily  omitted  or  deferred,  it  shall  certify  that 
fact  in  writing  to  the  state  commissioner  of  health, 
designating  by  a  map  or  otherwise  the  portions  of  the 
system  to  be  omitted,  or  the  portion  not  to  be  omitted, 
and  on  receipt  of  the  same  the  state  commissioner  of 
health  may  approve  of  such  temporary  omission  and 
shall  certify  his  determination  to  the  board  of  sewer 
commissioners  of  the  village. 

§  261.  Construction  of  a  sewer  at  expense  of  village. 
Upon  the  adoption  of  a  proposition  therefor  the  whole 


436  The  Public  Health  Law 

or  any  part  of  the  sewer  system  may  be  constructed 
at  the  expense  of  the  village.  The  proposition  shall 
describe  the  portion  of  the  system  proposed  to  be  so 
constructed,  and  shall  also  contain  a  statement  of  the 
estimated  maximum  and  minimum  cost  thereof. 

§  262.  Reimbursement  for  sewers  constructed  at  pri- 
vate expense.  If  the  whole  of  the  sewer  system  be 
constructed  at  the  expense  of  the  village  and  a  sewer 
theretofore  constructed  wholly  or  partly  at  private  ex- 
pense be  included  in  the  map  or  plan  of  the  system, 
the  owners  of  the  property  upon  which  such  expense 
was  assessed  shall  be  entitled  to  reimbursement  there- 
for. Claims  for  such  reimbursement  may  be  presented 
to  and  audited  by  the  board  of  sewer  commissioners, 
and  the  amounts  allowed  shall  be  paid  in  the  same 
manner  as  other  expenditures  for  the  sewer  system. 

§  263.  Construction  of  sewer  at  joint  expense  of  vil- 
lage and  of  property  benefited.  Upon  the  adoption  of  a 
proposition  therefor,  the  whole  or  any  part  of  the  sewer 
system  may  be  constructed  at  the  joint  expense  of  the 
village  and  of  the  property  benefited.  The  proposition 
shall  describe  the  portion  of  the  system  proposed  to 
be  so  constructed,  shall  contain  a  statement  of  the 
estimated  maximum  and  *mimimum  cost  thereof,  and 
also  of  the  proportion  of  the  expense  to  be  assessed  upon 
the  village  at  large,  and  the  aggregate  proportion  to 
be  assessed  upon  the  property  benefited.  If  the  proposi- 
tion be  adopted  such  aggregate  proportion  shall  be 
equitably  adjusted  with  reference  to  the  benefits  to  be 
derived  therefrom. 

§  264.  Construction  of  sewers  wholly  at  expense  of 
property  benefited.  The  owners  of  two-thirds  of  the 
entire  frontage  of  the  portion  of  a  street  or  streets 
in   which   a   sewer   is   proposed   to   be   constructed   may 


*  So  in  original. 


Extracts  from  Village  Law  137 

present  to  the  board  of  sewer  commissioners  a  peti- 
tion for  the  construction  of  such  a  sewer.  The  board 
shall  cause  a  notice  of  at  least  ten  days  to  be  given 
to  each  person  owning  land  fronting  on  such  portion 
of  such  street  or  streets,  of  a  time  and  place  where 
it  will  meet  and  hear  persons  interested  in  the  con- 
struction of  such  sewer.  After  such  hearing  the  board 
may  grant  the  petition  in  whole  or  in  part,  and  shall 
construct  a  sewer  as  ordered,  and  assess  the  entire  ex- 
pense thereof  upon  the  property  benefited.  Where  such 
petition  is  for  the  construction  of  a  sewer  through 
different  streets,  such  sewer  shall  be  deemed  one  sewer, 
and  such  streets,  one  continuous  street,  for  the  purposes 
of  this  section.  A  petition  under  this  section  may 
limit  the  maximum  amount  of  the  expense  to  be  in- 
curred in  the  construction  of  such  sewer. 

§  265.  Acquisition  of  property  by  condemnation.  If 
the  board  of  sewer  commissioners  is  unable  to  agree 
with  the  owner  for  the  purchase  of  real  property  neces- 
sary for  the  sewer  system,  it  may  acquire  the  same  by 
condemnation. 

§  266.  Contracts  for  construction  of  system.  The 
board  of  sewer  commissioners  of  a  village  authorized 
to  construct  the  whole  or  any  part  of  a  sewer  system 
shall  advertise  for  proposals  for  the  construction  thereof, 
either  under  an  entire  contract,  or  in  parts  or  sections, 
as  the  board  may  determine.  Such  advertisement  shall 
be  published  once  in  each  of  two  successive  weeks  in 
each  newspaper  published  in  the  village.  The  board 
may  require  a  bond  or  a  deposit  from  the  person  sub- 
mitting a  proposal,  the  liability  of  such  bond  to  accrue, 
or  such  deposit  to  be  forfeited  to  the  village,  in  case 
such  person  shall  refuse  to  enter  into  a  contract  in 
accordance  with  his  proposal.  The  board  may  accept  or 
reject  any  proposal,  may  contract  with  other  than  the 
lowest  bidder,  or  may  reject  all  proposals  and  advertise 


438  The  Public  Health  Law 

again.  Xo  contract  shall  be  made  by  which  a  greater 
amount  shall  be  agreed  to  be  paid,  than  the  maximum 
stated  in  the  proposition  or  in  the  petition  for  the  con- 
struction   of    such    sewer. 

§  267.  Supervising  engineer;  inspectors.  The  board 
of  sewer  commissioners  may  employ  a  supervising  en- 
gineer to  superintend  and  inspect  the  construction  of 
any  sewer  or  works  connected  therewith,  and  also  such 
inspectors  as  may  be  necessary,  and  fix  the  compensation 
of  such  engineer  and  inspectors.  Such  compensation 
shall  be  treated  as  a  part  of  the  expense  of  construction. 

§  26S.  Apportionment  of  local  assessment.  If  the 
whole  or  any  part  of  the  expense  of  constructing  a 
sewer  is  to  be  assessed  upon  the  lands  benefited  the 
board  of  sewer  commissioners  shall  prepare  and  tile 
in  the  office  of  the  village  clerk,  a  map  and  plan  of 
the  proposed  area  of  local  assessment.  Such  expense 
shall  thereupon  be  apportioned  upon  the  lands  within 
such  area  in  proportion  as  nearly  as  may  be  to  the 
benefit  which  each  lot  or  parcel  will  derive  there- 
from, and  the  ratio  of  such  benefit  shall  be  estab- 
lished. After  making  such  apportionment  the  board 
shall  serve  upon  each  land  owner  a  notice  thereof 
and  of  the  filing  of  such  map  and  plan,  and  that  at 
a  specified  time  and  place  a  hearing  will  be  had  to 
consider  and  review  the  same.  Such  notice  must  be 
served  at  least  six  days  before  the  hearing.  The 
hoard  shall  meet  at  the  time  and  place  specified  and 
hear  objections  to  such  apportionment.  It  may  modify 
and  correct  the  same  or  exclude  land  from  the  area  of 
local  assessment.  The  board  of  sewer  commissioner.-, 
upon  the  completion  of  such  apportionment,  shall  file 
the  same  in  the  office  of  the  village  clerk.  The  appor- 
tionment  shall  be  deemed  final  and  conclusive,  unless 
an  appeal  be  taken  therefrom  within  fifteen  days  after 
the  filing  thereof. 


Extracts  from  Village  Law  439 

§  269.  Appeal  from  apportionment.  A  person  ag- 
grieved by  an  apportionment  may,  within  fifteen  days 
after  the  filing  thereof,  appeal  therefrom  to  the  county 
court  of  a  county  in  which  any  part  of  the  village  is 
situated.  Such  appeal  shall  be  taken  by  a  notice, 
stating  the  grounds  thereof,  addressed  to  the  board  of 
sewer  commissioners,  and  filed  with  the  village  clerk. 

§  270.  Hearing  of  appeal.  Either  party  may  bring 
on  the  appeal  upon  a  notice  of  not  less  than  ten  nor 
more  than  twenty  days.  All  appeals  from  the  same 
apportionment  must  be  consolidated  and  heard  as  one 
appeal.  The  county  court  may  affirm  or  reverse  the 
apportionment.  If  it  be  reversed  upon  the  ground  that 
it  is  erroneous,  unequal  or  inequitable,  the  court  shall 
by  the  order  of  reversal  appoint  three  disinterested 
freeholders  of  the  village  as  commissioners  to  make  a 
new  apportionment,  and  no  appeal  shall  be  allowed  from 
such  order. 

§  271.  Reapportionment.  A  reapportionment  shall  be 
made   in  the   following   cases: 

1.  By  the  commissioners  appointed  by  the  county 
court,  where  the  original  apportionment  is  reversed  on 
the  ground  that  it  is  erroneous,  unequal  or  inequitable. 

2.  By  the  board  of  sewer  commissioners  where  the 
original  apportionment  is  reversed  upon  any  other 
ground.  A  reapportionment  under  this  subdivision  shall 
be  made  in  like  manner  as  the  original. 

§  272.  Procedure  by  new  commissioners.  The  com- 
missioners appointed  by  the  county  court  shall  give 
notice  of  the  time  and  place  at  which  they  will  meet 
to  make  such  reapportionment,  and  shall  serve  notice 
thereof  at  least  ten  days  before  such  meeting  upon 
each  owner  of  land  within  the  area  of  local  assess- 
ment as  finally  fixed  by  the  board  of  sewer  commis- 
sioners. They  shall  meet  at  the  time  and  place  speci- 
fied and  make  such  reapportionment  in  the  manner 
herein  prescribed  for  the  board  of  sewer  commissioners. 


440  The  Public  Health  Law 

They  shall  file  such  reapportionment  in  the  office  of 
the  village  clerk,  and  it  shall  be  final  and  conclusive. 

§  273.  Fees  of  commissioners.  Each  commissioner 
appointed  by  the  county  court  is  entitled  to  five  dol- 
lars for  each  day  necessarily  spent  in  making  such 
reapportionment,  besides  his  actual  necessary  expenses. 
Such  fees  and  expenses  are  a  charge  against  the  vil- 
lage, and  must  be  audited  by  the  board  of  of  trustees. 
The  amount  thereof  shall  be  added  to  the  portion  of 
the  expense  of  constructing  such  sewer  or  sewer  system 
which  is  to  be  assessed  against  property  specially 
benefited. 

§  274.  Expense  of  construction;  how  raised.  The  ex- 
pense of  constructing  a  sewer  or  a  sewer  system  may 
be  raised  in  an  entire  amount  or  in  smaller  sums  from 
time  to  time  as  the  board  of  sewer  commissioners  may 
determine.  If  any  porfcUm  of  such  expense  is  to  be 
borne  by  the  village,  bonds  or  certificates  of  indebted- 
ness may  be  issued  therefor.  If  such  expense  or  any 
part  thereof  is  to  be  assessed  upon  property  benefited 
the  board  may  assess  the  same,  or  the  instalment  to  be 
raised,  on  the  several  benefited  lots  or  parcels,  in  ac- 
cordance with  the  apportionment  and  ratio  established 
under  this  article.  Notice  of  such  assessment  shall  be 
given  to  the  owners,  who  may  pay  the  amounts  assessed 
wit  bin  ten  days  after  the  service  of  such  notice.  At 
the  expiration  of  such  time  bonds  or  certificates  of  in- 
debtedness may  be  issued  for  the  aggregate  amount  of 
such   assessment  then  remaining  unpaid. 

§  275.  Tax  for  unpaid  assessments.  The  board  of 
trustees  shall  include  in  the  annual  tax  levy  the  prin- 
cipal or  interest  accruing  during  the  same  fiscal  year 
upon  bonds  or  certificates  (if  indebtedness  issued  on  ac- 
count of  default  in  the  payment  of  local  assessments 
under  this  article,  and  shall  levy  the  same  upon  the 
lots  or  parcels  in  default. 

Such   principal   shall   ho   apportioned  among  the   lots 


Extracts  from  Village  Law  441 

or  parcels  in  default  so  that  the  tax  thereon  will  be 
the  same  as  if  an  equal  portion  of  the  assessment  were 
then  to  be  paid.  Interest  on  an  unpaid  assessment  shall 
be  added  to  such  tax  at  the  rate  payable  by  the  bond  or 
certificate  of  indebtedness,  which  must  be  computed  to 
the  time  when  the  principal  or  an  instalment  will  be- 
come due;  or  if  no  principal  will  become  due  during 
the  fiscal  year,  then  the  interest  accruing;  during  that 
year  upon  the  assessment  must  be  levied  upon  such  lot 
or  parcel. 

§  276.  Contracts  with  other  municipalities,  sewer 
districts,  et  cetera.  The  board  of  sewer  commissioners 
may  contract  for  the  connection  of  the  sewers  theroi 
with'  the  sewers  of  another  village,  or  of  a  town,  or  a 
city,  or  of  a  sewer  district  established  under  the  pro- 
visions of  article  eleven  of  the  town  law;  or  Jointly 
with  such  other  village  or  a  town  or  city  or  sewer 
district  established  as  aforesaid,  may  construct,  main- 
tain, operate  or  use  sewers,  outlets  or  disposal  works; 
or  may  contract  with  any  such  other  village,  or  a 
town,  or  city,  or  sewer  district  established  as  afore- 
said for  the  right  to  construct  and  maintain  through 
any  such  other  village,  town  or  city,  or  sewer  district 
established  as  aforesaid,  an  outlet  sewer,  including  the 
right  to  acquire  real  property  for  such  sewer  outlet, 
which  thereupon  may  be  acquired  either  at  private 
sale  or  by  condemnation  as  authorized  by  this  act. 
Xo  sewer,  outlet  or  disposal  works  of  any  other  vil- 
lage, town  or  sewer  district  thereof,  or  city,  shall  be 
constructed  in  any  village  without  the  approval  of 
the  board  of  sewer  commissioners  of  the  village  in 
which  such  sewer,  outlet  or  disposal  works  shall  be 
constructed,  and  no  such  contract  shall  be  made  unless 
a  proposition  therefor  be  adopted  by  the  village  con- 
structing the  sewer,  outlet  or  disposal  works,  stating 
the   maximum    expense.      (Am*d   by   L.    lflOO,    ch.    212: 


442  The  Public  Health  Law 

L.   1912,  ch.   122,  and  L.   1015,  ch.  25,  in  effect  March 
4,    1915.) 

§  277.  Annual  report  of  sewer  commissioners.  Be- 
tween the  first  and  fourth  day  of  March  in  each  year, 
the  board  of  sewer  commissioners  shall  file  with  the 
village  clerk  a  report  containing  a  statement  of  the  fol- 
lowing facts: 

1.  The  amount  of  money  on  hand  at  the  beginning  of 
the  preceding  fiscal  year,  and  the  receipts  from  all 
sources  during  such  year. 

2.  An  itemized  statement  of  the  amount  paid  out  dur- 
ing such  year,  and  the  balance  on  hand. 

3.  The  outstanding  indebtedness  of  the  department, 
either   bonded   or   otherwise,   separately   stated. 

4.  A  statement  of  the  principal  or  interest  which  will 
become  due  during  the  current  fiscal  year  on  bonds  or 
certificates  of  indebtedness. 

5.  The  improvements  and  extensions  made  during 
such  preceding  year,  and  the  general  condition  of  the 
sewer    system. 

G.  Such  other  facts  as  the  board  deems  important  for 
the  information  of  the  village,  together  with  such  recom- 
mendations concerning  the  department  as  may  be 
deemed  proper. 

§  278.  Sewer  connections.  The  board  of  sewer  com- 
missioners shall  cause  a  notice  to  be  published  in  the 
official  newspaper  of  the  village  and  in  all  other  news- 
papers published  therein  requiring  the  owners  or  oc- 
cupants of  any  and  all  property  fronting  or  abutting 
on  any  street  or  portion  thereof  in  or  upon  which  any 
public  sewer  is  about  to  be  laid  or  is  being  laid  or  has 
been  laid  by  the  said  board  to  make  and  lay  connec- 
tion pipes  to  and  from  the  sewer  mains  in  said  street 
or  any  portion  thereof  in  front  of  each  separate  piece 
of  property  and  where  directed  by  said  board,  within 
Mich  time  and  in  such  manner  and  under  such  in- 
spection  as   said   board   shall   prescribe,    and    whenever 


General  Rules  and  Regulations  443 

any  such  owner  or  occupant  shall  have  made  default 
in  making  such  connections  with  said  sewer  mains 
opposite  the  lands  and  premises  owned  or  occupied  by 
him  as  directed  in  and  required  by  said  printed  notice 
therefor  in  the  manner  and  within  the  time  specified, 
the  said  board  shall  have  power  and  authority  to  so 
make,  extend  and  complete  the  same  to  the  property 
line  of  the  lands  and  premises  so  owned  or  occupied 
opposite  thereto  and  in  front  thereof,  and  to  connect 
the  same  with  any  existing  connecting  pipes  in  front 
thereof,  and  the  actual  expense  thereof,  including  all 
labor  done  and  materials  used  in  doing  and  complet- 
ing the  same,  shall  be  assessed  by  the  trustees  of  the 
village  upon  each  separate  piece  of  property  opposite 
which  the  same  shall  be  done  and  completed  and  shall 
be  a  lien  and  liens  on  said  premises  and  lots  of  land 
respectively,  and  the  same  shall  be  collected  in  the 
same  manner  as  other  local  assessments  or  assess- 
ments for  local  improvements  as  provided  by  the  special 
charter  of  the  village  or  the  general  village  laws  of 
the  state  as  the  case  may  be,  and  when  so  collected 
the  amount  thereof  shall  be  paid  into  the  sewer  funds 
of  the  village.  (Added  by  L.  1910,  ch.  259,  in  effect 
May  7,  1910.) 

GENERAL  RULES  AND  REGULATIONS  PROMUL- 
GATED BY  THE  STATE  COMMISSIONER  OF 
HEALTH 

These  rules  having  been  duly  adopted  and  properly 
published,  have  the  force  of  law. 

SPECIAL  ADMINISTRATIVE  RULES  RELATING  TO 
THE  TRANSPORTATION  OF  DEAD  BODIES  BY 
COMMON    CARRIERS 

(Adopted    June    25,    1915,    and    amended   October    30, 

1915.) 
[In  effect  throughout  the  State  of  New  York,  except 
in  the  City  of  New  York,  on  August  1,  1915.] 


444  The  Public  Health  Law 

Rule  i.  A  transit  permit  and  transmit  label  issued 
by  the  local  registrar  of  vital  statistics  must  accom- 
pany each  dead  body  transported  by  a  common  car- 
rier. 

The  transit  permit  shall  state  the  date  of  issuance, 
the  name,  sex,  race  and  age  of  the  deceased,  and  the 
cause  and  date  of  death.  The  transit  permit  shall  also 
state  the  date  and  route  of  shipment,  the  point  of  ship- 
ment and  destination,  the  method  of  preparation  of  the 
body,  and  shall  bear  the  signature  of  the  undertaker 
and  the  signature  and  official  title  of  the  officer  issuing 
the  permit. 

The  transit  label  shall  state  the  date  of  issuance, 
the  name  of  the  deceased,  the  place  and  date  of  death, 
the  name  of  the  escort  or  consignee,  the  point  of  ship- 
ment and  destination;  and  shall  bear  the  signature 
and  official  title  of  the  officer  who  issued  the  transit 
permit.  The  transit  label  shall  be  attached  to  the 
outer  box  or  case. 

Rule  2.  The  transportation  by  common  carriers  of 
bodies  dead  of  any  diseases  other  than  those  mentioned 
in  Rule  3  shall  be  permitted  only  under  the  following- 
conditions: 

(a)  The  coffin  or  casket  shall  be  encased  in  a  strong 
outer  box  made  of  good  sound  lumber,  not  less  than 
7/8  of  an  inch  thick.  All  joints  shall  be  securely  put 
together  and  the  box  tightly  closed.  Either  the  coffin 
or  casket,  or  the  outer  box  or  case,  shall  be  watertight. 

(b)  "When  the  destination  cannot  be  reached  within 
60  hours  after  death,  all  body  orifices  shall  be  closed 
With  absorbent  cotton,  and  the  body  placed  at  once  in 
a  coffin  or  casket  which  shall  be  immediately  closed 
and  the  coffin  or  casket  shall  be  encased  in  a  strong 
outer  box  made  of  good  sound  lumber  not  less  than 
7/8  of  an  inch  thick.     All  joints  must  be  securely  put 

iher  and  the  box  tightly  closed,  and  either  the 
coffin  or  casket,  or  the  outer  box  or  case,  shall  be  water- 
tight. 


General  Rules  and  Regulations  445 

Rule  3.  The  transportation  by  common  carrier  of 
bodies  dead  of  smallpox,  plague,  Asiatic  cholera,  typhus 
fever,  diphtheria  (membranous  croup,  diphtheritic  sore 
throat),  scarlet  fever  (scarlet  rash,  scarlatina),  shall 
be  permitted  only  under  the  following  conditions: 

All  body  orifices  shall  be  closed  with  absorbent  cot- 
ton, the  body  shall  be  enveloped  in  a  sheet  saturated 
with  an  effective  disinfecting  fluid  and  shall  be  placed 
at  once  in  a  coffin  which  shall  be  immediately  and  per- 
manently closed.  The  coffin  or  casket  shall  be  encased 
in  a  strong  outer  box  made  of  good  sound  lumber,  not 
less  than  7/8  of  an  inch  thick,  all  joints  of  which  shall 
be  securely  put  together  and  the  box  shall  be  tightly 
and  permanently  closed.  Either  the  coffin  or  casket, 
or   the   outer   box  or   case,    shall   be  watertight. 

Rule  4.  No  dead  body  shall  be  disinterred  for  trans- 
portation by  common  carrier  without  the  previous  con- 
sent of  authorities  having  jurisdiction  at  the  place  of 
disinterment.  The  transit  permit  and  transit  label 
shall  be  required  as  provided  in  Rule  1,  and  Para- 
graph   (a)    of  Rule  2  shall  apply. 

Rule  5.  Every    outside    case   holding   any    dead   body 
offered  for  transportation  by  common  carrier  shall  bear 
at  least  four  handles  and  when  over  5  feet  6  inches  in 
length,  shall  bear  six  handles. 
Albany   June   25,    1915. 

HERMANN    M.    BIGGS, 
Commissioner  of  Health,  State  of  New  York. 

*RULES  AND  REGULATIONS  IN  RELATION  TO  COLD 

STORAGE 
Adopted   by  State   Commissioner  of   Health,  December 

i5>  1915 

The  following  rules  relating  to  the  enforcement  of 
an  act  entitled  "  An  act  to  amend  the  Public  Health 


*  See  page  473  for  rule3  and  reg illations    of  commissioner  of  foods 
and  markets. 


44ti  The  Public  Health  Law 

Law  relating  to  cold  storage  and  refrigerating  ware- 
houses and  places  and  the  sale  or  disposition  of  the 
food  kept  or  preserved  therein,"  approved  June  15, 
1911.  and  acts  amendatory  thereof  are  hereby  adopted 
by  the  State  Commissioner  of  Health,  this  loth  day 
of  December,  1915,  to  take  effect  on  the  1st  day  of 
March,  1916.  and  to  supersede  the  Cold  Storage  Rules 
heretofore   adopted. 

1.  For  the  purpose  of  enforcing  this  act  the  term 
"  cold  storage "  will  be  held  to  mean  the  storage  of 
foods  at  or  below  a  temperature  of  45  degrees  Fahren- 
heit, in  establishments  employing  refrigerating  machin- 
ery or  ice. 

The  term  "  cold  storage  warehouse  or  refrigerating 
Avarehouses "  will  be  held  to  mean  an  establishment 
employing  refrigerating  machinery  or  ice  for  the  pur- 
pose of  refrigerating  in  which  foods  are  stored  at  a 
temperature   of   45   degrees   Fahrenheit,   or   below. 

2.  Articles  of  food  intended  for  cold  storage  shall, 
when  they  are  offered  for  or  placed  in  storage,  be 
inclosed  in  boxes,  barrels,  crates  or  other  packages 
sufficiently  strong  to  protect  them  fr\>m  injury,  unless 
1  he  articles  are  of  such  character  that  it  is  impracti- 
cable to  pack  them  in  containers,  and  such  articles 
shall  not  be  removed  from  the  packages  in  which  they 
were  received  while  they  remain  in  cold  storage,  unless 
each  of  said  articles  or  parts  of  articles  removed  from 
such  packages  be  stamped  in  the  manner  required  by 
Rule  3,  with  the  day,  month  and  year  when  said  origi- 
nal packages  were  placed  in  cold  storage,  and  the  day. 
month  and  year  when  such  article  or  parts  of  articles 
were  released  from  cold  storage. 

3.  When  articles  of  food  contained  in  packages  are 
placed  in  cold  storage  each  package  shall  be  legibly 
marked  in  black,  purple  or  green  water-proof  ink  as 
follows:  The  name  of  the  storage  company  and  place 
in  which   it   is   located:    below  that   the  words  "COLD 


General  Rules  and  Regulations  447 

STORAGE;"  below  that  the  word  "RECEIVED,"  fol- 
lowed by  the  clay,  month  and  year  when  said  articles 
were  placed  in  storage. 

The  word  '-DELIVERED,"  followed  by  the  day, 
month  and  year  Avhen  such  articles  are  taken  from 
storage,  shall  be  stamped  upon  such  foods  or  pack- 
ages before   being   removed   therefrom. 

When  articles  of  food  not  contained  in  packages  are 
placed  in  cold  storage,  each  individual  article  must 
be  marked  in  the  above  manner. 

All  letters  or  figures  must  be  in  plain  type  not  less 
than  three-eighths  of  an  inch  in  height. 

The  word  "RECEIVED"  may  be  written  "Rec'd 
and  the  word  "  DELIVERED  "  may  be  written  "Del'd," 
and  figures  separated  by  hyphens  may  be  used  to  indi- 
cate dates  and  will  be  regarded  as  sufficient  date  if 
following  the  words  "  Rec'd "  or  Del'd,"  as  the  case 
may  be.  The  last  two  figures  of  the  number  indicat- 
ing the  year  when  such  foods  were  placed  or  taken 
from  storage  may  be  used,  e.  g., 

"Received  September  1,  1911,"  may  be  written 
"REC'D  9-1-11,"   or 

"Delivered  September  1,  1911,"  may  be  written 
"DEL'D  9-1-11." 

Whenever  tags  are  used  on  which  to  mark  dates,  they 
must  be  so  securely  fastened  to  the  article  to  which 
they  are  affixed  that  they  cannot  become  detached. 

4.  Persons,  firms  or  corporations  engaged  in  the 
business  of  cold  storage  or  refrigerating  warehouse- 
men, who  desire  to  store  articles  for  temporary  pro- 
tection, as  hereinafter  provided,  shall  file  with  the 
State  Department  of  Health  a  designation  of  a  room 
or  rooms  in  their  plants  to  be  used  for  such  a  pur- 
pose, together  with  the  location  and  dimensions  of 
such  room  or  rooms. 

Articles  may  be  stored  for  temporary  purposes  in 
such  rooms  for  periods  not  to  exceed  fifteen  days,  and 


448  The  Public  Health  Law 

need  not  be  stamped  as  cold  storage  goods,  but  must 
be  stamped  with  the  date  of  their  receipt  in  said  rooms 
for  temporary  protection. 

Persons  operating  cold  storage  warehouses  must 
keep  an  accurate  record  of  the  date  of  receipt  and 
removal  of  such  articles,  and  such  record  shall  at 
all  times  be  open  to  inspection  by  agents  of  the  State 
Department  of  Health. 

Xo  articles  which  are  deemed  placed  in  cold  storage 
shall  be  placed  in  such  rooms  to  be  used  for  tempo- 
rary protection.  Provided,  however,  that  if  articles 
of  food  which  have  been  kept  at  a  low  temperature 
for  temporary  protection  are  held  for  more  than  fif- 
teen days  at  such  low  temperature  thjsy  shall  then 
be  regarded  as  having  been  placed  in  cold  storage  and 
shall  be  marked  in  the  manner  provided  for  in  the 
case  of  cold  storage  goods,  and  such  articles,  shall  be 
removed  from  the  room  or  inclosure  in  which  articles 
temporarily  protected  are  kept  and  shall  be  placed 
in  rooms  or  inclosures  used  for  cold  storage  and  shall 
be  deemed  subject  to  all  the  rules  and  regulations 
which  apply  to  cold  storage  goods  from  the  time  at 
which  they  were  first  stored  for  temporary  protection. 

5.  Articles  of  food  held  at  low  temperature  during 
the  process  of  manufacture  will  hot  be  regarded  as 
being  held  in  cold  storage  within  the  meaning  of  this 
act,   and   such   articles   need   not  be  dated. 

6.  The  floors,  halls,  walls,  ceilings,  furniture,  recep- 
tacles, implements  and  machinery  of  every  cold  storage 
or  refrigerating  warehouse  shall  be  kept  in  a  clean, 
healthful  and  sanitary  condition;  and  for  the  purpose 
of  this  rule,  unclean,  unhealthful  or  insanitary  con- 
ditions shall  be  deemed  to  exist  if  the  food  stored  is 
not  securely  protected  from  flies,  dust,  dirt,  insects 
and  from  all  other  foreign  or  injurious  contamination. 

7.  Toilet  rooms  shall  be  separate  and  apart  from  the 
rooms   in   which    food    in   st tired;    cuspidors   for   the   use 


General  Rules  and  Regulations  449 

of  employees   must  be   washed  daily    with  disinfectant 
solution. 

8.  No  employer  shall  knowingly  require,  permit  or 
suffer  any  person  to  work,  nor  shall  any  person  work, 
in  a  cold  storage  or  refrigerating  warehouse  who  is 
affected  with  any  infectious  or  contagious  disease. 

9.  When  any  food  is  found  in  any  cold  storage  ware- 
house of  this  State  in  a  condition  which  renders  it,  in 
the   opinion    of   an    inspector    of   this    Department,   un- 
wholesome   and    unfit    for    use    as    human    food,    the 
inspector    is    empowered,    authorized    and    directed    to 
immediately  condemn   the   same  and  to  cause  it  to  be 
destroyed,    or    to    denature    the    same,    and    report    his 
action   to   the    Department   immediately,   together   with 
a   statement  of  the   quantities   of   goods   so   condemned 
and    destroyed.       Whenever    any    such    food    is    found 
packed    with   articles   of   food   which   are   not   unfit  for 
food  in  such  a  manner  that  the  unfit  cannot  be  separated 
from  the   fit  without   thawing,  then  the   inspector  dis- 
covering  the    same    shall    not   thaw   out    the   food,   nor 
shall  he  condemn   the  whole  package  or  packages,  but 
he  shall  place  a  stop  notice  on  said  food  and  serve  a 
copy  of  such  notice  in  writing  on  an  officer  of  the  ware- 
house in  which  the  food  is  found  and  shall  mail  a  copy 
of  such  notice  to  the  last  known  address  of  the  owner 
of  such  food.     After  such   stop  notice  has  been  placed 
upon    such    food,    such    food    shall    not   be   removed   or 
allowed    to   be   removed   from    said   cold    storage    ware- 
house,   except   in   the   presence   of   an   inspector   of   the 
State   Department    of    Health.      Such    inspector,    before 
allowing   any   of   such   food   to  be   removed,   shall   have 
the  same  thawed  out  and  shall  separate  the  food  that 
is   fit  from   the   food   that   is   unfit.     The   food  that   is 
unfit  shall  be  condemned  and  destroyed  as  hereinbefore 
provided.     The  food   that  is  fit  may  then   be   released 
by  the  inspector.     All  inspectors   shall  at  once  notify 

15 


150  The  Public  Health  Law 

the    Department    of    any    steps    or    preceedings    taken 
hereunder. 

10.  Whenever  a  building  is  occupied  by  two  or  more 
persons,  firms  or  corporations  each  using  cold  storage 
refrigeration,  any  and  all  parts  of  the  building  shall 
be  deemed  to  be  under  the  control  of  any  or  all  of 
such  persons,  firms  or  corporations  unless  there  is 
filed  with  the  State  Commissioner  a  certified  state- 
ment by  all  of  such  persons,  firms  or  corporations 
showing  the  exact  parts  of  the  building  and  the 
dimensions  of  the  same  which  are  under  the  control 
of  each  of  them.  It  shall  be  unlawful  after  the 
filing  of  such  statement  for  any  of  such  persons,  firms 
or  corporations  to  place  any  article  of  food  in  any 
portion  of  the  building  other  than  that  which  is 
named  in  the  statement  as  under  their  control. 

11.  Every  person  or  persons,  firm  or  firms,  corpora- 
tion or  corporations  who  offer  for  sale  articles  of  food 
that  have  been  kept  in  cold  storage  or  refrigeration 
are  hereby  required  to  place  in  a  conspicuous  place 
within  their  places  of  business,  in  full  view  of  the 
public,  a  card,  not  smaller  than  eight  inches  in  height 
by  twelve  inches  in  length,  upon  which  shall  be 
printed: 

Notice  to  Consumers 

Cold  Storage  Food  is  Sold  Here.  It  is  a  misde- 
meanor to  sell  cold  storagee  food  without  truthfully 
representing  it  as  such.  Consumers  are  advised  to 
inquire  of  the  salesman  in  each  case  in  reference  to 
the  character  of  the  goods  and  to  report  in  cases  of 
misrepresentation  to 

HERMANN  M.  BIGGS,  M.  D. 

Commissioner  of  Health,  Albany,  N.  Y. 

The  words  "  Cold  storage  food  is  sold  here "  must 
be  in  plain  letters  not  less  than  two  inches  in  height. 


General  Rules  axd  Regul axioms  451 

The  rest  of  the  words  must  be  in  plain  letters  not  less 
than  one-quarter  inch  in  height. 

Compliance  with  this  regulation  shall  not  be 
deemed  the  representation  required  by  section  339c 
of  the  Public  Health  Law. 

12.  It  shall  be  unlawful  for  any  person  or  persons, 
firm  or  firms,  corporation  or  corporations,  other  than 
those  using  the  articles  for  food,  to  remove  from 
articles  of  food,  or  the  packages  containing  the  same, 
or  to  obliterate,  any  of  the  words  or  figures  required 
to  be  stamped  thereon  by  Rule  3.  It  shall  also  be 
unlawful  for  any  person  or  persons,  firm  or  firms, 
corporation  or  corporations,  other  than  those  using 
the  articles  for  food,  to  remove  from  said  food,  or 
the  packages  containing  the  same,  any  tags  on  which 
the  dates  are  marked  as  required  by  Rule  3. 

13.  Every  person  or  persons,  firm  or  firms,  corpora- 
tion or  corporations  engaged  in  the  business  of  cold 
storage  warehousemen  or  the  business  of  refrigerat- 
ing shall  at  all  times  during  business  hours  permit 
the  inspectors  of  this  Department  to  have  access  to 
their  books  and  to  all  parts  thereof  and  to  take  there- 
from such  abstracts  as  may  be  deemed  necessary. 

HERMANN  M.  BIGGS 

Commissioner   of  Health 

DISINFECTION— SPECIAL  REGULATIONS  AND  IN- 
STRUCTIONS PROMULGATED  BY  THE  COMMIS- 
SIONER OF  HEALTH,  JULY  i,  1914 

Definitions 

One  of  the  minor  handicaps  of  medicine  is  the  use  of 
words  whose  meaning  is  neither  precise  nor  constant. 
Many  of  these  are  the  heritage  of  an  earlier  day  when 
the  ideas  which  the  words  were  framed  to  convey  were 
vague  from  lack  of  knowledge.     Among  such  words  are 


452  The  Public  Health  Law 

those  which  relate  to  infection  and  to  infective  agents 
and  their  modes  of  conveyance.  The  words  contagion, 
contagious  and  infection,  for  example,  are  now  used 
in  several  senses  and  often  with  entire  lack  of  precision. 
Infection  may  mean  a  process  or  the  thing  which 
incites  the  process.  Contagion  may  be  a  process,  a  thing, 
or  a  capacity.  The  word  contagious  connotes  a  con- 
ception of  disease  and  its  mode  of  incitement  which  has 
long  since  passed  away. 

The  knowledge  of  to-day  regarding  infection  and  the 
infective  agents  is  sufficiently  definite  to  permit  and 
to  require  the  use  of  precise  terms.  It  has  therefore 
seemed  to  the  officials  of  the  Department  of  Health  of 
the  State  of  New  York  that  clearness  of  thought  and 
record,  and  precision  and  efficiency  of  action,  might  be 
fostered  by  the  formal  definition  of  some  of  the  words, 
relating  to  the  germ  diseases  and  their  control,  which 
are  used  in  the  sanitary  code  and  in  various  rules  and 
regulations  and  suggestions  of  the  Department. 

Such   definitions    follow: 

An  infectious  disease  is  a  disease  which  is  incited  by 
the  entrance  into  the  body  and  multiplication  therein 
of  pathogenic,  that  is,  disease-inciting  microorganisms. 

Infection  is  the  act  or  process  of  the  incitement  of  an 
infectious  disease.  The  process  of  infection  marks  the 
interaction  between  the  invaded  animal  organism  and 
the  attacking  microorganism. 

An  infective  agent  is  a  living  microorganism,  capable 
under  favorable  conditions  of  inciting  infectious 
disease. 

Infective  agents,  under  the  usual  conditions  of  life, 
are  most  often  transmitted  in  the  secretions  or  excre- 
tions of  those  affected  by  communicable  infectious  dis- 
eases, or  to  those  who,  though  themselves  not  affected, 
harbor  pathogenic  microorganisms. 

A  communicable  disease  is  an  infectious  disease  the 
inciting  agents  of  which  may,  under  usual  conditions, 


General  Rules  and  Regulations  453 

be  transmitted  from  those  affected  with  the  disease,  or 
from  those  otherwise  harboring  these  agents,  to  others 
with  the  incitement  of  the  disease  in  fresh  cases  as  a 
result. 

Since  disease  is  not  a  thing  but  a  process,  a  reaction 
of  the  body  to  injurious  agencies,  it  is  evident  that 
disease  cannot  actually  be  transmitted  or  communicated. 
What,  however,  is  frequently  communicated  in  infectious 
disease  is  the  inciting  agent,  whether  such  agent  be  a 
representative  of  the  bacteria,  yeasts,  moulds,  protozoa 
or  other  minute  organisms.  If  this  be  clearly  under- 
stood, the  now  sanctioned  usage  of  the  word  "  com- 
municable "  in  relation  to  disease  serves  in  an  important 
way  to  center  attention  upon  that  factor  in  these  dis- 
eases, namely,  the  definite  transmissible  infective  mate- 
rial, which  is  largely  subject  to  control  through  the 
principles  of  hygiene  and  sanitation  and  the  ministra- 
tions of  health  officials. 

A  "  carrier  "  is  an  individual  who,  though  not  at  the 
time  himself  affected,  harbors  in  his  body,  or  in  his 
secretions  or  excretions,  microorganisms  which  under 
favoring  conditions  may  incite  infectious  disease  in  him- 
self or  in  others. 

The  incubation  period  is  the  interval  which  elapses 
between  the  entrance  into  the  body  of  infective  agents 
and  the  manifestations  of  the  symptoms  or  the  develop- 
ment of  the  lesions  which  the  germs  incite. 

This  period  varies  with  the  different  infective  micro- 
organisms, and  with  the  differing  susceptibilities  of 
individuals.  During  the  period  the  infective  organisms 
are  passing  through  developmental  cycles  or  are  increas- 
ing sufficiently  in  numbers  or  in  virulence  within  the 
body  to  induce  the  symptoms  and  lesions.  These  symp- 
toms and  lesions  are  due  to  the  reaction  of  the  host, 
and,  together  with  the  inciting  agents,  characterize  the 
disease. 


454  The  Public  Health  Law 

Epidemic  disease.  A  disease  may  be  said  to  be  epi- 
demic when  for  a  limited  period  it  is  abnormally  preva- 
lent in  a  community,  so  as  to  involve  a  considerable 
number  of  persons.  A  disease  ordinarily  present  and 
prevalent  in  a  locality  is  said  to  be  endemic. 

Cultures  are  growths  of  microorganisms,  usually  car- 
ried on  under  artificial  conditions,  for  the  purpose  of 
studying  their  characters;  or,  when  derived  from  cases 
of  suspected  communicable  disease,  to  identify  forms 
whose  nature  must  be  definitely  known,  in  order  that 
the  proper  treatment  and  effective  safeguarding  of  the 
community  may  be  secured. 

Exposure  to  a  case  of  communicable  disease  means  the 
coming  of  an  individual  into  such  direct  relationship 
to  the  patient  or  to  materials  from  his  body  which 
presumably  contain  infective  agents,  as  to  render  liable 
the  conveyance  of  the  latter,  directly  or  indirectly,  from 
one  to  the  other. 

Isolation  of  a  case  of  communicable  disease  is  the 
separation  of  the  case  from  those  not  concerned  with 
its  care  or  with  the  protection  of  the  public  health, 
under  conditions  which  so  far  as  possible  will  prevent 
the  spread  and  secure  the  destruction  of  all  ineffective 
material  coming  from  the  patient.  At  the  termination 
of  the  isolation  period,  such  measures  of  cleansing  and 
disinfection  of  the  person  and  of  the  surroundings  of 
the  patient  and  of  his  attendant  should  be  taken  as 
will  safeguard  associates  and  the  community  against 
infective  material  which  from  some  inadvertence  or 
neglect  may  linger  undestroyed. 

Disinfection  and  st<  rilization.  The  killing  of  all 
microorganisms  is  called  sterilization,  and  it  may  be 
accomplished  either  by  the  use  of  physical  or  chemical 
agents.  These  processes  are  of  importance  because  the 
central  aim  in  the  control  and  suppression  of  com- 
municable  diseases    is    to   prevent   the    spread    and    to 


General  Rules  and  Regulations  455 

destroy,  so  far  as  possible  at  their  source,  the  life  of 
the  microorganisms  which  incite  them. 

The  term  disinfection  implies  the  destruction  of 
pathogenic  organisms  ("which  are  more  easily  killed  than 
many  other  forms).  It  indicates  particularly  the  use  of 
chemical  agents  in  killing  germs.  There  are  many 
chemical  disinfectants  and  some  of  these  are  used  in 
the  liquid,  some  in  the  gaseous,  form. 

An  antiseptic  is  an  agent  which  inhibits  the  growth 
and  multiplication  of  microorganisms,  but  does  not  defi- 
nitely destroy  their  life. 

A  deodorant  is  a  substance  which  destroys  or  masks 
offensive  odors.  Such  substances  may  act  upon  the 
sources  of  the  offensive  gases,  or  upon  the  gases  them- 
selves. They  are  sometimes,  but  not  always,  antiseptic 
or  disinfectant  in  action. 

Among  the  physical  agencies  injurious  to  micro- 
organisms are  heat,  sunlight  and  dessication. 

Principles  of  disinfection 

Knowledge  of  the  inciting  agents  of  the  infectious 
diseases  and  of  the  ways  in  which  they  may  be  trans- 
mitted from  one  individual  to  another  is  now  so  pre- 
cise that  the  measures  for  the  limitation  of  such  mala- 
dies, through  cleanliness  and  disinfection,  are  well- 
defined,  and  in  comparison  with  those  in  vogue  at  an 
earlier  day,  extremely  simple. 

The  purpose  of  disinfection  in  the  control  of  com- 
municable diseases,  is  to  kill  the  pathogenic  micro- 
organisms. This  is  most  easily  and  effectively  done  at 
their  source,  that  is,  in  the  secretions  and  excretions 
of  those  affected  with  disease.  In  so  far  as  this  destruc- 
tion of  disease  germs  at  their  source  is  incomplete  or 
neglected,  in  such  measure  does  disinfection  become  more 
complex,  more  costly  and  less  efficient. 

When,  for  example,  cases  of  such  diseases  as  diph- 
theria,  scarlet  fever,  measles,   cerebrospinal  meningitis 


456  The  Public  Health  Law 

and  poliomyelitis,  are  properly  isolated  and  attended, 
and  the  discharges  are  received  on  cheap  fabrics  and 
promptly  burned,  or  in  suitable  receptacles  and  treated 
with  strong  disinfecting  solutions;  and  when  in  such 
diseases  as  typhoid  fever  and  dysentery,  whose  infective 
agents  are  harbored  by  the  excreta  from  the  intestines 
or  bladder,  these  excreta  are  properly  and  promptly 
care  for;  then,  the  subsequent  general  disinfection  of 
garments,  utensils  and  rooms,  is  of  relatively  slight 
importance  and  easily  accomplished. 

On  the  other  hand,  when  through  lack  of  proper  isola- 
tion of  a  case  of  communicable  disease,  or  of  intelligent 
and  adequate  attendance,  infective  material  has  been 
permitted  to  contaminate  garments,  bedding,  utensils, 
rooms  and  their  furnishings,  or  the  persons  of  the 
attendants;  not  only  is  the  most  effective  safeguard 
lost,  but  such  procedures  as  in  the  end  may  be  neces- 
sary to  secure  the  required  safety  are  roundabout,  beset 
with  difficulties  and  liable  to  many  failures.  Thus 
effective  and  economical  disinfection  is  not  a  matter  of 
the  routine  application  of  a  set  of  traditional  formulae 
and  procedures;  but  an  operation  requiring  knowledge, 
intelligence  and  alertness,  together  with  a  study  of  the 
specific  problems  of  every  case. 

Of  course  particular  operations  in  disinfection  may  be 
carried  out  by  any  person  capable  of  following  direc- 
tions, if  he  have  adequate  facilities.  So  in  institutions 
and  in  the  larger  way  routine  disinfection  is  practicable. 
But  in  the  household,  in  institutions  not  regularly 
caring  for  disease,  in  general  assembling  places  and  in 
public  conveyances,  the  problem  requires  special  care, 
the  intelligent  study  of  conditions,  and  always  strict 
attention  to  the  precise  aim  of  all  disinfection,  namely, 
the  killing  of  disease  germs. 

The  efficiency  of  a  disinfectant  depends  not  only  upon 
Its  intrinsic  power  as  a  germicide,  but  upon  the  physical 


General  Rules  and  Regulations  457 

condition  and  accessibility  of  the  germs,  the  temperature 
and  the  length  of  the  contact  period. 

Cleanliness 

Of  all  the  above  agencies  cleanliness  is,  in  the  long 
run,  perhaps,  the  most  important.  But  the  cleanliness 
required  is  informed,  intelligent  and  alert,  and  assumes 
infective  material  of  all  kinds  to  be  a  peculiar  and  sin- 
ister form  of  dirt.  Thus  applied,  fresh  air,  sunlight, 
and  the  generous  use  of  soap  and  water  are  important 
factors  in  warding  of  and  suppressing  communicable 
diseases. 

In  order  that  cleanliness  may  be  more  readily  secured, 
it  is  desirable  that  rooms  which  harbor  cases  of  com- 
municable disease  should  be  cleared  so  far  as  practicable 
of  all  unnecessary  articles  —  bric-a-brac,  furniture,  car- 
pets and  curtains.  All  the  things  which  are  left  should 
be  kept  clean,  as  should  the  person  of  the  patient,  the 
persons  and  garments  of  his  attendants,  and  all  the 
utensils  with  which  he  is  served. 

A  large  measure  of  effective  cleanliness  can  be  secured 
by  the  discreet  use  of  the  following  soapsuds  and  soda 
solutions: 

i.  Soapsuds  solution.  This  is  made  by  adding  one 
ounce  of  common  soda  to  twelve  quarts  of  hot  soap- 
suds. This  is  useful  for  ordinary  cleansing  as  well  as 
for  the  washing  of  articles  which  have  been  disinfected 
by  the  special  methods  presently  to  be  described. 

2.  Strong  soda  solution.  This  is  made  by  dissolving 
one-half  pound  of  common  soda  in  three  gallons  of  hot 
water.  This  solution,  applied  with  a  hard  scrubbing 
brush,  is  both  an  effective  cleanser  and  a  disinfectant 
of  considerable  value. 

Heat 

Burning.  The  most  prompt  and  efficient  method  of 
disposal  of  infective  meterial  or  articles  contaminated 
with   infective    discharges,   is  by  burning.      This,  when 


458  The  Public  Health  Law 

not  too  costly,  should  be  resorted  to  as  often  as  prac- 
ticable. 

Steaming.  Live  steam  delivered  into  suitably  con- 
structed closed  chambers,  is  highly  effective,  for  expos- 
ure  to  live  steam  for  half  an  hour  kills  all  infective 
germs.  Steam  sterilizing  chambers,  commonly  main- 
tained by  municipalities  or  institutions,  are  of  especial 
value  in  treating  such  contaminated  fabrics,  bedding, 
clothing,  hangings,  etc.,  as  will  not  be  injured  by  the 
temperature  and  moisture. 

Boiling.  Actual  boiling  in  a  closed  vessel  for  halt 
an  hour  will  kill  all  disease  germs  and  should  be 
resorted  to  whenever  practicable,  in  the  disinfection  of 
small  articles,  fabrics,  eating  utensils,  dishes,  etc.,  which 
are  frequently  and  repeatedly  contaminated  in  the  course 
of  some  communicable  diseases.  When  such  boiling  is 
feasible,  it  is  usually  a  more  simple,  direct  and  certain 
method  of  killing  germs,  and  often  less  objectionable 
to  the  patients  and  attendants,  than  is  the  use  of  dis- 
infectant solutions. 

Chemical  disinfectants  used  in  solution 
Among  the  many  chemical  agents  which  are  efficient 
disinfectants,  there  are  a  few  which  owing  to  their  effi- 
ciency and  adaptability  for  practical  purposes,  as  well 
as  their  cheapness,  are  in  general  use.  The  most  im- 
portant of  these  are  carbolic  acid;  corrosive  sublimate; 
chloride  of  lime;  alcohol,  and  formaldehyde,  the  latter 
being  commonly  used  in  gaseous  form,  and  the  others 
in  solution.  The  choice  of  these  disinfectants  and  the 
way  to  use  them  will  depend  upon  the  source  and  kinds 
of  the  infective  material  and  its  physical  conditions 
when  subject  to  the  action  of  the  disinfectant. 

Disinfection  by  chemical  substances  can  only  be 
effected  by  solutions  of  sufficient  strength,  remaining  in 
contact  with  the  infective  organisms  long  enough  to  kill 


General  Bulbs  and  Regulations  459 

them.  The  presence  of  other  substances,  especially  of 
organic  matter,  often  weakens  the  disinfectant  through 
combination  with  it,  or  protects  the  organisms  from  its 
access.  To  secure  efficient  action  the  disinfectant  should 
diffuse  readily  into  the  material  in  which  the  infective 
organisms  are,  and  be  thoroughly  mixed  with  it.  The 
disinfectant  should  be  in  excess  and  time  allowed  for 
its  action. 

Solutions  for  disinfection 

i.  Strong  carbolic  acid  solution  (5  per  cent.).  Add 
one  pint  or  a  pound  of  either  the  crude  or  purified 
liquid  carbolic  acid  to  two  and  one-half  gallons  of  hot 
water  and  stir  frequently  until  no  red  or  colorless  drop- 
lets remain  in  the  bottom  of  the  mixture. 

2.  Carbolic  acid  solution  (2.5  per  cent.).  To  one  part 
of  carbolic  acid  solution  number  1,  add  an  equal  amount 
of  water. 

3.  Strong  bichloride  of  mercury  (corrosive  sublimate) 
solution  (1-500).  Dissolve  one  ounce  of  bichloride  of 
mercury  in  four  gallons  of  hot  water.  A  little  blueing 
should  be  added  to  color  the  solution  and  indicate  its 
poisonous  character.  Bichloride  of  mercury  solutions 
must  be  made  in  glass,  enameled  or  earthenware  vessels 
as  they  corrode  metals. 

4.  Bichloride  of  mercury  (corrosive  sublimate)  solu- 
tion (1-1,000).  Dilute  one  part  of  bichloride  of  mercury 
solution  number  1  (paragraph  3,  above)  with  an  equal 
quantity  of  water. 

5.  Alcohol  solution.  Four  parts  of  95  per  cent,  alco- 
hol and  one  part  of  water. 

6.  Chloride  of  lime  solution  (10  per  cent.).  Prepare 
by  adding  %  pound  of  good  chloride  of  lime  to  one  gal- 
lon of  water  and  mixing  thoroughly.  This  should  be 
prepared  only  as  needed.  I 

7.  Milk  of  lime.  Owing  to  the  importance  of  using 
freshly  prepared   solutions  and  the  favorable  effect  of 


400  The  Public  Health  Law 

the  heat  produced  by  slaking  upon  the  efficacy  of  the 
disinfection,  the  following  method  is  recommended: 

(a)  Add  unslaked  lime  directly  to  the  infective  mate- 
rial, suspended  in  water,  in  the  proportion  of  one  part 
to  eight  parts  of  the  material. 

(b)  When  a  solution  is  required  the  lime  should  be 
slaked  by  mixing  one  part  of  lime  with  four  of  water 
and  adding  one  part  of  this  solution  to  one  part  of  the 
material  to  be  disinfected;  but  this  solution  must  be 
used  promptly. 

Air-slaked  lime  will  not  serve. 

Preparation  of  liquor  cresolis  compositus.  Mix  1 
pound  green  soap  with  17  ounces  cresol  and  sufficient 
water  to  make  34  ounces  of  solution.  The  preparation 
should  be  made  in  wooden  bucket  or  an  earthenware  jar. 
For  economy  this  should  be  purchased  in  barrel  lots  by 
the  local  board  of  health. 

Caution:     poisoning  and  antidotes 

Carbolic  acid  and  bichloride  of  mercury  are  violent 
corrosive  poisons  and  great  care  should  be  taken  to  see 
that  disinfectant  solutions  are  kept  out  of  the  reach 
of  children.  If,  by  accident,  a  disinfectant  solution  is 
swallowed,  a  physician  should  be  sent  for  at  once.  Do 
not  wait  until  he  arrives,  but  give  the  proper  antidote 
as  quickly  as  it  can  be  prepared. 

Antidotes  for  carbolic  acid.     Olive  oil.  and  castor  oil. 

Antidotes  for  bichloride  of  mercury.  Raw  eggs,  flour 
paste,  and  milk. 

Try  to  provoke  vomiting  so  as  to  empty  the  stom- 
ach. For  this  purpose  give  mustard  and  water,  or 
salt  and  water,  or  tickle  the  back  of  the  throat. 

The  disinfection  of  discharges 

The  disinfection  of  sputum  and  of  discharges  from 
the  mouth,  throat  and  nose,  and  from  the  eyes  and  ears. 
The   communicable   diseases    in   which    these  discharges 


Genebal  Rules  and  Kegulations  461 

are  to  be  regarded  as  of  especial  significance  as  the 
conveyors  of  infective  agents  are:  diphtheria,  measles, 
mumps,  chickenpox,  whooping  cough,  tuberculosis,  epi- 
demic cerebrospinal  meningitis,  poliomyelitis,  epidemic 
streptococcus  or  septic  sore  throat,  scarlet  fever  and 
smallpox. 

Sputum  and  other  discharges  from  the  mucous  mem- 
branes are  not  easy  to  disinfect  because  the  disease- 
inciting  organisms  are  apt  to  be  enveloped  in  mucus, 
which  disinfectants  do  not  readily  penetrate.  The 
strong  carbolic  solution,  5  per  cent,  is  most  efficient 
for  this  purpose.  Sublimate  solution  is  not  so  efl'ective 
because  in  its  presence  a  layer  of  albuminate  of  mer- 
cury is  formed  about  the  microorganisms,  preventing 
access  to  them. 

Sputum,  when  in  considerable  quantity,  should  be 
received,  if  practicable,  in  paper  cups  which  with  their 
contents  may  be  burned.  If  this  is  not  practicable  it 
may  be  received  in  ordinary  cups  containing  the  strong 
5  per  cent  carbolic  solution.  When  not  in  large  quan- 
tities, sputum  and  other  infective  discharges  from  the 
mouth,  throat  and  nose,  and  discharges  from  the  eyes 
and  ears  should  be  reecived  on  cheap  cloths  or  soft 
paper,  and  promptly  burned.  If  handkerchiefs  are  used 
to  receive  infective  discharges,  they  should  be  immersed 
in  the  carbolic  solution,  before  the  discharges  dry. 
After  Immersion  for  one  hour  in  an  abundant  volume 
of  the  solution,  handkerchiefs  or  other  contaminated 
fabrics  may  be  laundered. 

The  disinfection  of  discharges  from  the  alimentary 
canal  and  urinary  tract.  The  communicable  diseases  in 
which  these  discharges  are  especially  significant  are 
typhoid  fever,  and  para-typhoid  fever,  in  both  of  which 
the  urine  as  well  as  the  intestinal  discharges  may 
harbor  infective  agents,  dysentery,  and  Asiatic  cholera. 
In  the  latter  cases  vomited  material  may  also  be 
infective. 


46(2  I  in    l't  r.uc  Health  Law 

In  the  above  diseases  the  discharges  from  the  bowels, 
and  the  urine  should  be  received  in  bed-pens  or  other 
vessels  containing  a  small  amount  of  chloride  of  lime 
solution.*  A  quantity  of  chloride  of  lime  solution, 
equal  to  twice  the  volumne  of  the  discharge,  should  at 
once  be  added,  and  fecal  lumps  broken  up  and  thor- 
oughly mixed.  The  receptacle  with  its  contents,  cov- 
ered to  exclude  flies,  should  stand  for  at  least  an  hour 
before  being  emptied  into  the  water-closet,  privy  or 
trench.  The  trench  should  be  1  foot  wide,  3  feet  deep, 
4  feet  long,  covered  with  a  plank  to  exclude  flies  or 
snow. 

After  emptying  the  pans  or  other  vessels  which  have 
received  such  discharges,  they  should  be  immersed  in 
a  disinfecting  solution,  and  the  hands  of  the  attendant 
should  at  once  be  carefully  cleansed  or  disinfected. 
Neither  the  disinfection  of  the  discharges  nor  the 
cleansing  or  the  hands  should  be  delayed. 

The  disinfection  of  discharges  from  the  genital  tract. 
If  copious,  these  should  be  collected  on  dressings  of 
sterile  absorbent  cloths  and  burned. 

The  disinfection  of  discharges  from  open  wounds  and 
from  ulcerating  surfaces  on  the  skin.  These  discharges 
also  should  be  collected  on  dressings  of  sterile,  absorbent 
cloths  and  burned. 

The  disinfection  of  clothing,  bed  linen,  towels,  nap- 
kins, and  similar  articles  which  have  been  contaminated 
with  infective  discharges.  Such  articles  should  be 
soaked  in  carbolic  solution  (2a/4  per  cent)  for  one  hour 
or  longer.  Then,  after  wringing  out,  they  should  be 
boiled  for  twenty  minutes  in  the  soapsuds  solution,  and 
laundered  as  usual. 

Outer  garments  of  woolen  stuffs,  mattresses,  pillows 
and  similar  articles  which  it  would  be  a  hardship  to 
destroy,  should  be  disinfected  by  exposure  to  formalde- 
hyde gas,  in  a  closed  room  (see  p.  4GG)  or  in  special 
receptacles  or  chambers  designed  for  this  purpose;   or, 


*  One-half  pound  to  a  gallon  of  water. 


General  Rules  and  Regulations  463 

they  may  be  sterilized  by  steam,  when  the  facilities  for 
such  form  of  disinfection  are  available. 

The  disinfection  of  the  person 

The  disinfection  of  the  skin.  The  disinfection  of  the 
skin  requires  special  procedures,  for  in  the  calloused 
or  roughened  areas,  dirt  secretions  and  microorganisms 
collect  and  the  fatty  or  sebaceous  material  present  pre- 
vents the  penetration  to  the  organisms  of  aqueous  solu- 
tions of  disinfectants. 

Simple  but  thorough  cleansing  with  soap  and  water 
is  the  most  important  feature  in  skin  disinfection  and 
must  suffice  for  much  of  the  general  routine  in  the  care 
of  the  patient.  But  any  part  of  the  surface  of  the 
body  of  the  patient  or  of  his  attendants  which  has  been 
contaminated  with  infective  discharges  should  at  once 
be  washed  with  the  carbolic  solution  (2%  per  cent) 
or  with  the  1  to  1,000  sublimate  solution,  and  then 
washed  with  soap  and  water.  Alcohol  (75  per  cent) 
is  also  a  most  servicable  disinfectant  for  the  skin  and 
will  remove  the  sensation  of  numbness  induced  by 
carbolic  solutions. 

A  basin  of  carbolic  solution  (2^>  per  cent)  or  of 
sublimate  solution  1  to  1,000,  as  well  as  soap  and  water, 
should  always  be  accessible  to  a  room  in  which  a  case 
of  communicable  disease  is  isolated,  so  that  nurses  and 
attendants  may  quickly ,  rinse  and  disinfect  and  wash 
their  hands  after  attending  to  the  patient. 

By  the  use  of  rubber  gloves  much  of  the  discomfort 
from  frequent  cleansing  and  soaking  of  the  hands  in 
disinfectants  may  be  avoided.  Rubber  gloves  are  readily 
disinfected  in  the  strong  carbolic  solution,  5  per  cent, 
or  in  the  strong  bichloride  solution,  1  to  500;  or  steri- 
lized by  five  minutes'  boiling.  After  disinfection  or 
sterilization  they  should  be  dried  and  kept  well- 
powdered. 

For  hypodermic  injection  or  similar  treatment,  the 
site  of  puncture  or  erosion,  after  cleansing  with  soap 


464  The  Public  Health  Law 

and  water,  may  be  disinfected  with  alcohol,  or  alcohol 
and  ether,  or  by  the  application  of  tincture  of  iodine, 
U.  S.  P. 

The  procedure  required  for  such  disinfection  of  the 
hands,  as  is  necessary  in  surgical  operations,  is  outside 
the  scope  of  these  regulations. 

The  disinfection  of  mucous  membranes.  Owing  to 
the  delicacy  of  these  structures  and  the  inconvenience 
and  risk  involved  in  their  injury,  it  is  impracticable 
to  bring  disinfectant  solutions  into  sufficiently  close 
contact  with  microorganisms  which  they  may  harbor  in 
their  various  recesses  and  to  secure  the  necessary  time 
of  exposure  to  the  solutions,  to  obtain  even  approxi- 
mate disinfection.  Here,  therefore,  as  in  the  case  of 
the  skin,  it  is  intelligent  cleansing  rather  than  technical 
disinfection  which  must  be  relied  on. 

Though  antiseptics  may  be  used  for  cleansing  pur- 
poses, in  the  mouth  for  example,  the  period  of  contact 
between  them  and  the  germs  is  at  best  too  short  for 
the  development  of  their  inhibitory  effects. 

For  the  cleansing  of  the  mouth,  an  alcoholic  wash  or 
gargle  is  among  the  most  serviceable  of  the  antiseptic 
solutions.  A  conventional  formula  for  such  a  purpose, 
made  either  alkaline  or  acid  as  may  be  desired,  is  as 
follows : 

Alkaline  solution 

Sodium  bicarbonate 0.5 

Glycerine     10 

Alcohol    30 

Water    60 

Acid  solution 

Vinegar   10 

Glycerine     10 

Alcohol    30 

Water    50 


General  Rules  and  Regulations  465 

These  as  well  as  many  other  bland  solutions  in  com- 
mon use,  are  especially  valuable  in  connection  with 
the  frequent  and  intelligent  toilet  of  the  mouth.  By 
care  exercised  in  this  way  one  may  best  safeguard 
himself  and  other  against  the  distribution  and  the 
reception  of  the  infective  microorganisms  which  are  so 
frequently  harbored  in  the  mouth  both  by  the  victims 
of  infection  and  by  "  carriers." 

While  the  cleansing  of  the  mouth  with  or  without 
antiseptics,  is  important,  it  in  no  way  supersedes  the 
necessity  for  the  careful  disinfection  of  the  sputum  or 
other  discharges  from  the  mouth  in  cases  of  communi- 
cable disease. 

The  mucous  membrane  of  the  nose  is  less  tolerant 
than  that  of  the  mouth  and  throat  to  efficient  disinfect- 
ing solutions  or  processes.  Here  also  the  simple  meas- 
ures of  cleansing  with  bland  washes,  which  may  or 
may  not  be  antiseptic,  must  suffice. 

The  mucous  membranes  of  the  female  genital  tract 
which  may  harbor  infective  organisms  may  be  cleansed 
with  antiseptics,  but  cannot  be  effectively  and  safely 
disinfected. 

Disinfection  of  instruments.  Instruments  may  be 
sterilized  by  boiling  for  five  minutes  in  water  to  which 
about  one  per  cent  of  sodium  carbonate  has  been  added. 

Thermometers,  when  in  frequent  use  in  the  sick  room, 
should  be  kept  in  a  2%  per  cent  carbolic  solution. 

Disinfection  of  foods.  Thoroughly  cookpd  foods  and 
drinks  which  have  been  boiled  for  ten  minutes  are  free 
from  all  disease  germs. 

Remnants  of  food  from  the  sick  room  should  be 
burned;  or,  if  more  convenient,  soaked  for  an  hour  in 
5  per  cent  carbolic  solution  or  in  milk  of  lime. 

Disinfection  of  eating  utensils.  Eating  utensils  used 
by  a  pat;ent  affected  with  a  communicable  disease,  such 
as  knives,  fonts,  spoons,  dishes,  etc.,  should  be  reserved 
for  him  and  after  use  should  either  be  boiled  for  ten 


466  The  Public  Health  Law 

minutes  in  soapsuds,  or  washed  first  in  5  per  cent  car- 
bolic solution,  then  in  hot  soapsuds  and  rinsed  in  water. 
Disinfection  of  the  person  at  the  end  of  the  isolation 
period.  If  all  necessary  precautions  have  been  carried 
out  during  the  isolation  period,  additional  measures  of 
disinfection  are  unnecessary  on  release,  except  in  cases 
of  scarlet  fever,  smallpox  and  chickenpox.  After  these 
diseases  the  person  of  the  patient  and  his  attendants 
should  be  cleansed  by  washing  the  entire  body  and  hair 
with  soap  and  water;  brushing  the  teeth,  rinsing  the 
mouth  and  gargling  the  throat  with  an  antiseptic  solu- 
tion (see  p.  464).  There  should  also  be  a  complete 
change  of  underclothing. 

The  disinfection  of  contaminated  rooms  and  their 
contents 

Rooms  in  which  floors  and  walls  or  contents  have 
been  contaminated  with  infective  discharges  through 
occupancy  by  a  case  of  communicable  disease,  should 
be  cleansed  and  if  necessary  disinfected  and  renovated 
before  being  occupied  by  others.  While  all  such  rooms 
and  their  contents  should  be  cleansed,  the  necessity  for 
rigorous  disinfection  will  depend  upon  the  degree  of 
intelligent  care  which  has  been  exercised  in  the  dis- 
posal of  infective  discharges  during  the  progress  of  the 
disease.  If  these  have  been  propertly  cared  for, 
thorough  cleansing  and  airing  will  in  most  instances 
suffice.  In  other  cases,  in  addition  to  cleansing,  renova- 
tion or  disinfection  may  be  required. 

It  will  be  remembered  that  during  prolonged  drying 
and  exposure  to  sunlight  pathogenic  microorganisms 
tend  to  die  and  become  less  virulent.  So  that  exposure 
of  rooms  and  their  contents  to  air  and  sunlight  both 
during  and  after  their  occupancy  by  a  case  of  com- 
municable disease,  is  an  important  factor  in  maintain- 
ing as  well  as  in  restoring  the  healthful  conditions  of 
the  place. 


General  EIules  am»  Keuulationn  467 

The  necessary  cleansing  and  disinfection  of  rooms  will 
be  the  more  easily  accomplished,  the  more  completely 
they  have  been  freed  at  the  commencement  of  the  case, 
from  upholstered  furniture,  carpets,  rugs  and  curtains 
and  the  like.  If  these  are  present  and  there  is  reason 
to  suspect  their  serious  contamination,  recourse  to  dis- 
infection by  formaldehyde  gas  (see  below)  may  be 
necessary.  This  may  be  done  either  in  the  room  or 
elsewhere  in  specially  provided  chambers. 

Cleansing.  After  the  destruction  of  such  contaminated 
material  as  may  remain,  and  such  airing  and  exposure 
of  the  room  to  sunlight,  as  may  be  practicable,  and 
after  the  dust  has  settled,  the  woodwork  and  plain 
furniture  should  be  washed  and  the  floor  scrubbed  with 
soap  and  water. 

Renovation.  When  in  the  opinion  of  the  health  officer 
the  papering  or  the  walls  of  the  room  are  contaminated, 
through  long  occupancy  of  the  room  by  a  case  of  com- 
municable disease  from  which  a  general  dispersal  of 
infective  material  is  probable,  renovation  of  the  room 
may  be  required. 

Disinfection.  When  disinfection  of  a  contaminated 
room  and  its  contents  is  required,  it  should  first  be 
cleaned  as  above  described.  Then,  if  its  finishing  and 
furnishing  permits,  the  woodwork  and  the  floor  should 
be  washed  with  bichloride  solution  (1-1,000).  After 
this  has  dried  the  powdery  residue  of  sublimate  may 
be  wiped  from  the  woodwork  and  floor  with  a  moist 
cloth. 

If  the  finish  of  the  walls  and  the  presence  of  such 
furnishings  and  hangings  as  cannot  be  disinfected  by 
solutions  prevent  the  use  of  the  above  simple  method, 
recourse  may,  if  deemed  necessary,  be  had  to  gaseous 
disinfection  with  formaldehyde. 

Disinfection  with  formaldehyde  gas.  This  require^ 
the  presence  of  moisture,  free  access  of  the  gas  to  all 
the  surfaces  of  the  room  and  its  contents,  and  a  pro- 


468  The  Public  Health  Law 

longed  exposure  to  standard  percentages  of  the  gas  at 
a  moderately  elevated  temperature.  It  is  essestial  for 
this  operation  that  the  room  be  completely  sealed  dur- 
ing the  exposure  to  the  gas. 

Preparation  of  the  room.  Except  one  door  for  the 
exit  of  the  operator,  all  doors,  windows  and  flues  should 
be  closed  and  sealed  from  the  inside  by  pasting  paper 
over  all  the  holes  and  cracks.  All  closets,  drawers, 
trunks  and  boxes  and  the  like  should  be  opened  and 
all  clothing  and  fabrics  shaken  out  and  hung  about  the 
room  on  chairs  or  clothes  horses,  to  secure  free  access 
of  the  gas  since  its  penetrative  power  is  not  great. 
Books  may  be  held  open  by  turning  back  the  covers 
till  they  touch  and  clamping  them  in  this  position  with 
a  wooden  clothespin.  The  room  should  be  heated  to 
60  degrees  Fahrenheit  and  sufficient  moisture  (60  per 
cent)  saturation  obtained  by  boiling  water  in  a  large, 
open  receptacle  in  the  room.  (These  requirements  are 
important  only  in  cold  winter  months.) 

Preparation  of  the  disinfectant.  The  quantities  of 
disinfectant  to  be  used  are  computed  by  measuring  the 
room.  By  multiplying  the  length,  the  breadth  and  the 
height  together  and  dividing  by  1,000  the  number  of 
thousand  cubic  feet  is  determined.  For  example:  A 
room  24  feet  long,  13^2  feet  wide  and  12%  feet  high, 
disregarding  fractions,  contains  (24  x  13  x  12)  3,744 
cubic  feet  or  3.7   (3%)   thousand  cubic  feet. 

Take  ten  ounces  of  a  40  per  cent  solution  of  formalde- 
hyde and  five  ounces  of  crystalline  permanganate  of 
potassium  for  each  1,000  cubic  feet.  The  room  men- 
tioned above  would  need  38  ounces  of  formaldehyde 
and  20  ounces  of  permanganate.  Place  the  permanga- 
nate in  a  dishpan  or  similar  vessel  large  enough  to  hold 
as  many  gallons  as  there  are  pints  of  formaldehyde, 
to  make  sure  the  liquid  will  not  boil  over.  This  pan 
is  set  inside  a  slightly  larger  wooden  pail,  tub  or  crock, 


General  Rules  and  Regulations  469 

to  retain  the  heat  generated  in  the  mixture.  These 
vessels  containing  the  permanganate  are  placed  in  the 
center  of  the  room. 

The  process  of  disinfection.  The  formaldehyde  is 
then  poured  from  a  pitcher  onto  the  permanganate. 
The  evolution  of  the  gas  is  immediate  and  rapid  and 
the  gas  is  an  irritant  to  mucous  membranes  so  that  the 
operator  must  instantly  retire  from  the  room,  close  the 
door  and  seal  the  cracks  and  keyhole.  The  room  is 
kept  closed  and  sealed  for  at  least  six  hours.  The 
room  may  then  be  opened,  thoroughly  aired  and 
cleansed. 

Formaldehyde  gas  disinfection  is  fairly  effective  if 
applied  as  above  directed,  with  strict  attention  to  all 
the  details  of  the  operation.  Some  pathogenic  bacteria, 
even  non-spore-bearing  forms,  are  very  resistent  and 
may  escape  destruction  in  the  usual  procedure.  Its 
highest  efficiency  is  secured  in  specially  constructed 
chambers  where  the  conditions  of  moisture,  tempera- 
ture and  penetration  can  be  controlled.  Properly  con- 
structed steam  disinfecting  chambers  are  adapted  to 
this  purpose.  There  are  numerous  modes  of  liberating 
the  gas  and  various  machines  and  devices  for  the  pur- 
pose, but  the  above  method  is  on  the  whole  the  most 
simple  and  effective.  The  gas  thus  applied  does  not 
injure  delicate  fabrics  or  books. 

The  disinfection  of  various  articles  and  places* 

The  treatment  of  the  body  of  one  dead  of  a  com- 
municable disease.  The  nose,  mouth  and  rectum  should 
be  packed  with  absorbent  gauze  or  cotton  soaked  with 
the  strong  bichloride  solution,  1-500.  The  body,  with- 
out washing,  should  then  be  wrapped  in  a  sheet  satu- 
rated   with    bichloride    solution,    1-500    and   placed    at 


*The  routine  practice  of  disinfection  in  institutions  is  of;  en  subject 
to  modifications  which  are  to  be  found  in  other  publications  of  the 
Department. 


470  Thi    Public  Health  Law 

once   in   a   sealed  coffin  or  casket  which  should  be  im- 
mediately and  permanently  closed. 

Cleanliness  and  disinfection  of  toilet  apartments, 
spittoons,  sinks,  surfaces,  etc.  The  seats  of  water- 
closets  and  privies,  the  bowls  of  water-closets  or  other 
receptacles  for  human  excreta,  spittoons,  sinks  and  the 
woodwork  about  them,  refrigerators,  dumb  waiters  and 
all  articles  frequently  used  or  handled  by  the  public, 
such  as  woodwork,  seats,  floors,  desks,  door  handles  and 
the  like,  in  schools,  stores,  factories,  shops  and  all 
public  conveyances  and  assembly  places  should,  when 
practicable,  be  frequently  scrubbed  with  hot  soapsuds 
or  strong  soda  solution. 

Cesspools  and  privy  vaults  should  be  frequently 
cleaned  and  if  necessary  deodorized. 

The  deodorization  of  foul  and  offensive  material. 
When,  through  the  neglect  of  cleanliness  and  the  com- 
mon decencies  of  sanitation,  garbage,  sewage,  manure 
heaps,  cesspools,  privy  vaults,  stables,  etc.,  have  become 
foul  and  offensive,  they  may  be  treated  (in  accordance 
with  the  experiments  and  recommendations  of  Doty), 
with  a  mixture  of  slaked  lime  and  copper  sulphate. 
This,  when  properly  applied  to  or  mixed  with  offensive 
surfaces  and  substances,  acts  as  a  powerful  deodorant. 

The  formula  for  this  mixture,  called  the  "  Copper- 
Lime  Mixture,"  is: 

Sulphate  of  copper One  pound 

Fresh  unslaked  lime One  pound 

Water Ten  gallons 

To  prepare  it,  slake  the  lime  by  stirring  in  two 
gallons  of  water.  Dissolve  the  copper  sulphate  ("Mue 
vitrol"),  in  eight  gallons  of  water.  This  is  most  easily 
done  by  suspending  the  crystals,  tied  in  a  thin  cloth 
just  beneath  the  surface  of  the  water,  since  in  this 
way  they  dissolve  more  readily  than  if  lying  at  the 
bottom. 


Geneeal  Rules  aint>  Regulations  471 

Now  mix  the  slaked  lime  and  the  copper  solution 
with  stirring.  A  copious  precipitate  forms  which 
should  remain,  and  before  using  the  mixture  this 
should  be  stirred  up  and  kept  in  suspension,  so  as  to 
be  delivered  with  the  fluid. 

This  copper-lime  mixture  should  be  stirred  in  with 
the  offensive  material  in  the  proportion  of  about  one 
gallon  to  thirty  or  forty  of  the  material,  fluid  or  semi- 
solid- It  may  also  be  applied  to  surfaces,  such  as  foul 
boarding,  urine-soaked  stable  floors,  gutters,  etc.,  with 
a  white  wash  brush,  or  it  may  be  delivered  from  a 
garden  watering  pot,  with  the  holes  at  the  spout 
slightly  enlarged. 

Disinfection  nostrums.  The  use  of  proprietary  and 
widely  advertised  so-called  disinfectants,  is  not  recom- 
mended. They  are  usually  of  little  or  indeterminate 
value,  often  rank  nostrums  and  wholly  useless.  They 
are  unnecessarily  costly,  and  commonly  serve  only  to 
divert  attention  from  that  simple  cleanliness  and  the 
adequate  use  of  soap  and  water  through  which  alone 
proper  sanitary  conditions  can  be  secured  and  the  spread 
of  communicable  disease  prevented. 

Especially  to  be  avoided  are  the  hosts  of  highly 
vaunted  aromatic  substances  which  dropping  from  one 
form  of  fancy  receptacle  or  another,  give  forth  a  more 
or  less  pungent  odor.  These  aromatic  odors  set  free  in 
toilet  or  other  rooms  are  wholly  void  of  sanitary  virtue. 
They  neither  kill  nor  incommode  disease  or  other  germs 
which  indeed  do  not  inhabit  the  air.  They  serve  only 
to  conceal  offensive  odors  from  decomposing  or  other- 
wise foul  material,  which  should  be  removed  by  cleans- 
ing, not  masked  by  the  infliction  of  more  potent  smells. 

The  conduct  of  the  isolation  period 
Preparation  and  care  of  the  sick  room.    A  room  apart 
from    others    so    far    as    practicable    should   be    chosen. 
Upholstered   furniture,   carpets,  rugs,   curtains  and  the 


472  The  Public  Health  Law 

like,  and  everything  which  is  not  necessary  for  the 
care  of  the  patient  and  which  is  liable  to  become  con- 
taminated should  be  removed.  Throughout  the  course 
of  the  disease  attention  should  be  directed  to  cleansing, 
airing,  and  ventilation.  The  routine  washing  and 
scrubbing  of  woodwork  and  floors  should  be  done  with 
soapsuds.  (See  page  466.)  Dusting  should  be  carried 
out  with  moist  cloths  which  have  been  wrung  out  in 
sublimate  solution  ( 1-1,000)  ;  special  attention  being 
given  to  the  door  knobs  and  neighboring  woodwork, 
owing  to  their  possible  contamination  from  unwashed 
hands.  In  case  of  accidental  contamination  of  any 
object  or  surface  in  the  sick  room  by  infective  dis- 
charges the  discharge  should  be  wiped  up  by  eloths 
soaked  in  strong  carbolic  solution,  5  per  cent,  and  the 
contaminated  surface  covered  with  strong  carbolic 
solution,  5  per  cent,  for  an  hour. 

Attendants  and  nurses.  The  choice  of  attendants  and 
nurses,  and  the  admission  of  visitors,  should  be  in- 
fluenced by  their  relative  insusceptibility  to  the  more 
readily  communicable  diseases;  also,  the  practicability 
of  artifical  immunization  should  be  considered,  as  in 
smallpox,  diphtheria  and  typhoid  fever  and  whooping 
cough.  In  order  to  protect  the  clothing  and  safeguard 
the  person,  caps,  gowns,  rubber  aprons  and  rubber 
gloves  are  desirable  for  all  attendants,  since  they  can 
be  frequently  changed,  cleansed   and  disinfected. 

The  spread  of  infective  material  from  acute  cases 
of  communicable  disease  would  be  greatly  limited  if 
physicians,  nurses,  and  attendants,  as  a  matter  of 
routine,  would  wash  their  hands  whenever  they  leave 
the  sick  room,  and  in  cases  of  obvious  contamination 
disinfect   tliem. 

At  the  conclusion  of  the  case  those  tttetitfures  for  the 
cleansing  and  disinfection  of  the  person  and  of  the 
premises  should  be  practiced  which  arc  given  in  detail 
on  pages  461  and  466. 


The  Sanitary  Code        »  473 

The  risks  from  carriers  would  be  diminished  if  at 
the  close  of  convalescence,  especially  in  diphtheria  and 
typhoid  fever,  bacterial  examinations  were  made,  not 
only  of  the  patient,  but  of  the  nurses  also,  to  determine 
in  what  cases  special  precautions  should  be  taken  in 
the  care  of  the  discharges  and  excreta. 

RULES  AND  REGULATIONS  GOVERNING  THE 
STORAGE  AND  DISTRIBUTION  OF  COLD  STOR- 
AGE EGGS 

Issued  by  the  Commissioner  of  the  State  Department 
of  Foods  and  Markets,  in  accordance  with  Chapter  245 
of  the  Laws  of  114,  dated  November  16,  1915. 

Every  person,  firm  or  corporation,  who  offers  for  sale 
at  retail,  eggs  that  have  been  kept  in  cold  storage  or 
refrigeration,  are  hereby  required  to  display  in  a  con- 
spicuous place  in  their  place  of  business,  in  full  view 
of  the  public,  a  card  upon  which  shall  be  printed,  "  cold 
storage  food  sold  here,"  in  letters  not  less  than  two 
inches  in  height,  and  to  issue  with  each  sale  of  cold 
storage  eggs,  a  bill  or  invoice,  plainly  marked,  "  cold 
storage  eggs."  Retailers  displaying  or  holding  sold 
storage  eggs,  must  post  a  sign  in  full  view  of  the  public 
in  or  near  the  container,  containing  the  words  "  cold 
storage  eggs,"  and  the  price  plainly  marked  for  which 
they  are  sold. 

In  compliance  with  the  provisions  of  subdivision  5 
of  section  20-a  of  Chapter  245,  Laws  of  1914,  amending 
Chapter  25,  Laws  of  1909,  entitled  "An  act  relating  to 
general  business  constituting  Chapter  20  of  the  Con- 
solidated Laws,"  I  hereby  prescribe  the  following  rules 
and  regulations  for  the  grading,  packing,  handling, 
storage  and  sale  of  eggs  within  the  State  of  New  York. 
JOHN  J.  DILLON,  Commissioner, 
Neiv  York  State  Department  of  Foods  and  Markets. 


47 1  ,         Public  Health  Law 

RULES  AND  REGULATIONS  FOR  THE  BRANDING 
OF  COLD  STORAGE  EGGS 

(Adopted  July  24,    1916) 

1.  Every  person  or  persons,  corporation  or  corpora- 
tions, engaged  in  the  business  of  jobbing,  wholesaling 
or  retailing  eggs,  shall,  before  offering  or  exposing  for 
sale  any  eggs  which  have  at  any  time  been  stored  in  a 
cold  storage  warehouse,  or  any  other  place  maintained 
for  cold  storage  purposes,  brand,  stamp  or  mark  on  the 
shell  of  each  such  egg,  the  words  "  cold  storage "  or 
their  equivalent,  in  plain  letters  at  least  one-eighth 
inch  high;  provided  such  eggs  do  not  already  bear  such 
brand,  stamp  or  mark;  and  provided  further  that  eggs 
may  be  sold  in  the  original  unbroken  packages  in  which 
they  have  been  received  from  such  cold  storage  without 
being  so  branded,  stamped  or  marked. 

2.  This  rule  shall  take  effect  September   1,   1916. 

3.  The  Commissioner  of  Foods  and  Markets  will 
enforce  the  foregoing  rules  and  regulations  by  appro- 
priate actions  and  proceedings  in  the  courts  of  this 
state. 

THE  SANITARY  CODE  ESTABLISHED  BY  THE  PUB- 
LIC HEALTH  COUNCIL  OF  THE  STATE  OF  NEW 

YORK 

Introductory  Note 

The  public  Health  Law  of  the  State  of  New  York, 
as  amended  by  chapter  559  of  the  Laws  of  1913,  pro- 
vides as  follows: 

Section  2-b.  Sanitary  code.  The  public  health  coun- 
cil shall  have  power  by  the  affirmative  vote  of  a  major- 
ity of  its  members  to  establish  and  from  time  to  time 
amend  sanitary  regulations,  hereinafter  called  the  sani- 
tary code,  without  discrimination  against  any  licensed 
physicians.     The  sanitary  code  may  deal  with  any  mat- 


The  Sanitary  Code  475 

ters  affecting  the  security  of  life  or  health  or  the  preser- 
vation and  improvement  of  public  health  in  the  state  of 
New  York,  and  with  any  matters  as  to  which  jurisdic- 
tion is  hereinafter  conferred  upon  the  public  health 
council.  The  sanitary  code  may  include  provisions 
regulating  the  practice  of  midwifery  and  for  the  promo- 
tion of  health  in  any  or  all  Indian  reservations.  *  *  * 
The  provisions  of  the  sanitary  code  shall  have  the  force 
and  effect  of  law  and  any  violation  of  any  portion 
thereof  may  be  declared  to  be  a  misdemeanor.  No 
provision  of  the  sanitary  code  shall  relate  to  the  city 
of  New  York  or  any  portion  thereof,  and  every  provision 
of  the  sanitary  code  shall  apply  to  and  be  effective  in 
all  portions  of  the  state  except  the  city  of  New  York 
unless  stated  otherwise. 

Section  2-c.  Enforcement  of  sanitary  code.  The  pro- 
visions of  the  sanitary  code  shall,  as  to  matters  to 
which  it  relates,  and  in  the  territory  prescribed  therefor 
by  the  public  health  council,  supersede  all  local  ordi- 
nances heretofore  or  hereafter  enacted  inconsistent 
therewith.  Each  city,  town,  or  village  may,  in  the 
manner  hereinafter  prescribed,  enact  sanitary  regula- 
tions not  inconsistent  with  the  sanitary  code  established 
by  the  public  health  council.  The  public  health  council 
shall  have  power  to  prescribe  by  regulations  the  qualifi- 
cations of  directors  of  divisions,  sanitary  supervisors, 
local  health  officers  hereafter  appointed  and  public 
health  nurses.     *     *     * 

Under  the  public  health  law,  all  local  health  officers 
have  the  power,  and  it  is  their  duty,  to  carry  into 
effect  in  their  respective  jurisdictions  the  provisions  of 
the  public  health  law  and  the  sanitary  code,  and  the 
orders  and  regulations,  not  inconsistent  therewith,  of 
their  respective  boards  of  health. 

The  state  commissioner  of  health,  under  the  same 
law,  has  the  power,  and  it  is  his  duty,  to  exercise 
general  supervision   over  the  work   of   all  local  health 


476  Public  Health  Law 

authorities,  except  in  the  city  of  New  York,  and  to 
see  that  the  provisions  of  the  public  health  law  and 
the  sanitary  code  are  enforced. 

The  sanitary  code  supplements  but  does  not  take  the 
place  of  the  provisions  of  the  public  health  law  or  of 
any  amendments  thereto,  or  of  any  of  the  laws  relating 
to  the  public  health  or  to  the  powers  or  duties  of  the 
state  commissioner  of  health,  the  state  department  of 
health,  local  boards  of  health  or  local  health  officers. 

Additions  to  the  sanitary  code  will  be  made  from 
time  to  time. 

CHAPTER  I 
(Adopted  April  7,  1914) 

Definitions  and  General  Provisions 
Regulation  i.     Definitions.       Unless  otherwise  specifi- 
cally provided   herein,   the  following  words   and  terms 
used  in  this  code  are  defined  for  the  purposes  thereof 
as   follows: 

(1)  The  term  "communicable  disease  "  means  such 
communicable  disease  as  may  be  designated  in  regula- 
tion one  of  chapter  two  of  this  code. 

(2)  The  term  "municipality"  means  and  includes 
a  city,  town,  or  village. 

(3)  The  term  "  board  of  health  "  or  "  local  board  of 
health  "  means  and  includes  the  local  board,  department, 
or  commissioner  of  health,  or  other  body  or  official,  of 
a  municipality,  by  whatever  title  the  same  may  be 
known,  having  the  usual  powers  and  duties  of  the 
board  of  health  of  a  municipality. 

( 4 )  The  term  '*  health  officer  "  or  '•  local  health  offi- 
cer "  means  and  includes  the  health  officer,  or  other 
officer  of  a  municipality,  by  whatever  title  he  may  be 
known,  having  the  usual  powers  and  duties  of  the 
health  officer  of  a  municipality. 

Regulation  2.  Violations  declared  to  be  misdemeanors. 
Any   violation  of  any  provision  of  this  code  is  hereby 


The  Sanitary  Code  477 

declared  to  be  a  misdemeanor  and  is  punishable  by  a 
line  of  not  more  than  fifty  dollars  or  by  imprison- 
ment for  not  more  than  six  months,  or  by  both.  This 
regulation  shall  take  effect  throughout  the  state  of 
New  York,  except  in  the  city  of  New  York,  on  the 
first  day  of  March,  1916.     (As  am'd  Jan.  .22,  1916.) 

Regulation  3.  When  to  take  effect.  Every  regulation 
in  this  chapter,  unless  otherwise  specifically  stated, 
shall  take  effect  on  the  first  day  of  May,   1914. 

CHAPTER  II 

(Adopted  April  7,  1914) 

Communicable  Diseases 
Regulation    1.      Communicable     diseases    designated. 

For  the  purpose  of  this  code,  the  term  communicable 
disease  shall  be  held  to  include  the  following  diseases, 
which  are  hereby  declared  to  be  communicable  through 
the    conveyance    of    the    infective    organisms: 

Anthrax 

Chickenpox 

Cholera,  Asiatic 

Diphtheria    ( membranous    croup ) 

Dysentery,   amoebic   and  bacillary 

Epidemic    cerebrospinal   meningtis 

Epidemic   or   streptococcus    (septic)    sore  throat 

German  measles 

Glanders 

Measles 

Mumps 

Ophthalmia    neonatorum 

Para-typhoid   fever 

Plague 

Poliomyelitis,  acute  anterior   (infantile  paralysis) 

Puerperal  septicaemia 

Rabies 

Scarlet  fever 


47S  Public  Health  Law 

Smallpox 
Trachoma 
Tuberculosis 
Typhoid  fever 
Typhus  fever 
Whooping   cough 

Regulation  2.  Reporting  cases  of  communicable  dis- 
ease by  physicians.  It  shall  be  the  duty  of  every  phy- 
sician to  report  to  the  local  health  officer,  within  whose 
jurisdiction  such  patient  is,  the  full  name,  age  and 
address  of  every  person  affected  with  a  communicable 
disease,  together  with  the  name  of  the  disease,  within 
twenty-four  hours  from  the  time  when  the  case  is  lirst 
seen  by  him.  Such  report  shall  lie  by  telephone  or  tele- 
gram, when  practicable,  and  shall  also  be  made  in 
writing,  except  that  the  written  notice  may  be  omitted 
in  cities  of  the  first  class  with  the  approval  of  Ihc 
state   commissioner   of   health. 

This  regulation  shall  take  effect  throughout  the  state 
of  New  York,  except  in  the  city  of  Xew  York,  on  the 
first  day  of  .March.  1916.      (As  anrd  Jan.  22.  1916.) 

Regulation  3.  Reporting  cases  of  communicable  dis- 
ease in  institutions.  It  shall  be  the  duty  of  the  super- 
intendent or  person  in  charge  of  every  hospital,  other 
institution,  or  dispensary,  to  report  to  the  local  health 
officer,  within  whose  jurisdiction  any  such  hospital, 
other  institution,  or  dispensary  is  located,  the  full 
name,  age,  and  address  of  every  person  under  his 
charge  affected  with  a  communicable  disease,  together 
with  the  name  of  the  disease,  and  the  name  and  ad- 
dress of  the  person  or  organization  in  whose  care  the 
case  was  immediately  prior  to  admission  or  by  whom 
the  case  was  referred,  within  twenty-four  hours  from 
the  time  when  the  case  first  develops  or  is  first  ad- 
mitted to  such  hospital,  other  institution,  or  dispen- 
sary. Such  report  shall  be  by  telephone  or  telegram, 
when  practicable,  and  shall  also  be  made  in  writing. 


The  Sanitary  Code  479 

This  regulation  shall  take  effect  throughout  the 
state  of  New  York,  except  in  the  city  of  New  York, 
on  the  first  day  of  May,  1915.  (As  am'd  March  4, 
1915.) 

Regulation  4.  Reporting  cases  of  disease  presumably 
communicable  in  schools.  When  no  physician  is  in  at- 
tendance, it  shall  be  the  duty  of  every  teacher  to 
report  forthwith  to  the  principal  or  person  in  charge 
of  the  school  all  facts  relating  to  the  illness  and  physi- 
cal condition  of  any  child  in  such  school  who  appears 
to  be  affected  with  a  disease  presumably  communicable. 
It  shall  be  the  duty  of  the  principal  or  person  in  charge 
of  every  school  to  report  forthwith  to  the  local  health 
officer  all  facts  relating  to  the  illness  and  physical 
condition  of  any  child  attending  such  school,  who  ap- 
pears to  be  affected  with  any  disease  presumably  com- 
municable, together  with  the  name,  age,  and  address  of 
such  child.  Such  child  shall  be  at  once  sent  home  or 
isolated. 

Regulation  5.  Reporting  cases  of  disease  presumably 
communicable  in  private  households,  hotels,  boarding 
and  lodging  houses.  When  no  physician  is  in  attend- 
ance, it  shall  be  the  duty  of  the  head  of  a  private  house- 
hold or  the  proprietor  or  keeper  of  any  hotel,  boarding 
house,  or  lodging  house,  to  report  forthwith  to  the  local 
health  officer  all  facts  relating  to  the  illness  and  physical 
condition  of  any  person  in  any  private  household,  hotel, 
boarding  house  or  lodging  house  under  his  charge,  who 
appears  to  be  affected  with  any  disease  presumably 
communicable,  together  with  the  name  of  such  person. 
(As  am'd   Sept,    16,   1914.) 

Regulation  6.  Reporting  cases  of  disease  presumably 
communicable  by  nurses  and  persons  in  charge  of  camps. 
It  shall  be  the  duty  of  every  visiting  nurse  and  public 
health  nurse  and  of  the  person  in  charge  of  any  labor 
or  other  camp,  having  knowledge  of  any  person  affected 
"with  any  disease  presumably  communicable,  who  by 
reason  of  the   danger   to   others   seems   to   require  the 


480  Public  Health  Law 

attention  of  the  public  health  authorities,  to  report  at 
once  to  the  local  health  officer,  within  whose  jurisdic- 
tion such  case  occurs,  all  facts  relating  to  the  illness 
and  physical  condition  of  such  affected  person. 

Regulation  7.  Reporting  cases  of  disease  presumably 
communicable  on  vessels.  It  shall  be  the  duty  of  the 
master  or  person  in  charge  of  any  vessel  lying  within 
the  jurisdiction  of  the  state  to  report  or  cause  to  be 
reported  immediately  in  writing  to  the  local  health 
officer  at  such  ports  or  landings  as  the  state  commis- 
sioner of  health  may  designate  all  facts  relating  to  the 
illness  and  physical  condition  of  any  person  in  or  on 
such  vessel  affected  with  any  disease  presumably  com- 
municable, together  with  the  name  of  such  affected 
person.  This  regulation  shall  not  apply  to  any  vessel 
within  the  jurisdiction  of  the  health  officer  of  the  port 
of   New   York. 

Regulation  8.  Reporting  cases  of  communicable  dis- 
ease on  dairy  farms  by  physicians.  When  a  case  of 
Asiatic  cholera,  diphtheria,  amoebic  or  bacillary  dysen- 
tery, epidemic  cerebrospinal  meningitis,  epidemic  or 
septic  sore  throat,  para-typhoid  fever,  scarlet  fever, 
smallpox,  or  typhoid  fever  exists  on  any  farm  or 
dairy  producing  milk,  cream,  butter,  or  other  dairy 
products  for  sale,  it  shall  be  the  duty  of  the  physician 
in  attendance  to  report  immediately  to  the  local  health 
officer  the  existence  on  such  farm  or  dairy  of  such  case. 
It  shall  be  the  duty  of  the  health  officer  to  report 
immediately  to  the  state  commissioner  of  health,  by 
telephone  or  telegram,  the  existence  on  such  farm  or 
dairy  of  such  case,  together  with  all  facts  as  to  the 
isolation  of  such  case,  and  giving  the  names  of  the 
localities  to  which  such  dairy  products  are  delivered. 
This  regulation  shall  take  effect  throughout  the  state 
of  New  York,  except  in  the  city  of  New'  York,  on  the 
first  day  of  January,  1016.     (As  ara'd  Oct.  5,  1915.) 


Thw  Sanitary  Code  481 

Regulation  9.  Reporting  cases  of  disease  presumably 
communicable  on  dairy  farms  by  owner  or  person  in 
charge.  When  no  physician  is  in  attendance,  it  shall  be 
tho  duty  of  the  owner  or  person  in  charge  of  any  farm 
or  dairy  producing  milk,  cream,  butter,  cheese,  or  other 
food  products  likely  to  be  consumed  raw,  to  report 
forthwith  to  the  local  health  officer  the  name  and  ad- 
dress and  all  facts  relating  to  the  illness  and  physical 
condition  of  any  person,  who  is  affected  with  any  di- 
sease presumably  communicable,  and  who  is  employed 
or  resides  on  or  in  such  farm  or  dairy,  or  comes  in 
contact  in  any  way  therewith  or  with  its  products. 

Regulation  10.  Diphtheria;  material  for  cultures  to 
be  submitted.  In  every  case  of  illness  which  there  is 
reason  to  suspect  is  diphtheria,  it  shall  be  the  duty 
of  the  attending  physician  or,  if  the  local  health  au- 
thorities so  requfre,  of  the  health  officer  promptly  to 
take  material  for  cultures  from  the  throat  of  the 
suspected  person  and  submit  the  same  for  examination 
to  a  state,  county,  or  municipal  bacteriological  labora- 
tory, or  to  a  laboratory  approved  by  the  state  commis- 
sioner of  health. 

Regulation  n.  Isolation  of  persons  affected  with 
communicable  diseases.  It  shall  be  the  duty  of  every 
physician,  immediately  upon  discovering  a  case  of  com- 
municable disease,  to  secure  such  isolation  of  the 
pa.tient,  or  to  take  such  other  action,  as  is  required  by 
the  special  rules  mid  regulations  which  from  time  to 
time  may  be  issued  by  the  local  health  authorities  or 
by  the   stall'  department  of   health. 

Regulation  12.  Adults  not  to  be  quarantined  in  cer- 
tain cases.  When  a  person  affected  with  a  communicable 
disease  is  properly  isolated  on  the  premises,  excepl  in 
cases  of  smallpox,  adult  members  of  the  family  or 
household,  who  do  not  come  in  contact  with  tin1  patient 
or  with,  his  secretions  or  excretions,  unless  forbidden 
by  tire  health  officer,  may  continue  their  usual  vocations, 
16 


482  Public   Health   Law 

provided    such    vocations    do    not    bring   them    in    close 
contact  with  children. 

Regulation  13.  Removal  of  cases  of  communicable 
disease.  After  isolation  by  the  local  health  officer  no 
person,  without  permission  from  him,  shall  carry,  re- 
move, or  cause  or  permit  to  be  carried  or  removed  from 
any  room,  building,  or  vessel,  any  person  affected  with 
diphtheria,  scarlet  fever,  smallpox,  or  typhus  fever. 

Without  permission  from^the  local  health  officer  no 
person  shall  carry,  remove,  or  cause  or  permit  to  be 
carried  or  removed  from  any  hotel,  boarding  house, 
lodging  house,  or  other  dwelling,  any  person  affected 
with  chickenpox,  diphtheria,  epidemic  cerebrospinal 
meningitis,  epidemic  or  septic  sore  throat,  measles', 
mumps,  poliomyelitis  (infantile  paralysis),  scarlet 
fever,  smallpox,  typhus  fever,  or  whooping  cough. 

Without  permission  from  the  local  health  officer  no 
master  of  any  vessel  or  other  person  shall  remove  or 
aid  in  removing,  or  permit  the  removal,  from  any  such 
vessel  to  the  shore  of  any  person  affected  with  any 
communicable  disease. 

This  regulation  shall  not  apply  to  any  vessel  within 
the  jurisdiction  of  the  health  officer  of  the  port  of  Ne  \ 
York. 

Regulation  14.  Removal  of  articles  contaminated  with 
infective  material.  Without  permission  from  the  local 
health  officer  no  person  shall  cany,  remove,  or  cause  or 
permit  to  be  carried  or  removed  from  any  room,  build- 
ing, or  vessel,  any  article  which  has  been  subject  to  con- 
tamination with  infective  material  through  contact 
with  any  person  or  Math  the  secretions  of  any  persons 
affected  with  Asiatic  cholera,  diphtheria,  scarlet  fever, 
smallpox,  typhoid  fever,  or  typhus  fever,  until  such 
article  has  been  disinfected  according  to  the  special 
rules  and  regulations  of  the  state  department  of 
health.* 

S,  0    p.    4CI1. 


The  Sanitary  Code  483 

Without  permission  of  the  local  health  officer  no 
master  of  any  vessel  or  other  person  shall  remove  or 
aid  in  removing  or  permit  the  removal  from  any  such 
vessel  to  the  shore  of  any  article  which  has  been  subject 
to  contamination  with  infective  material  through  con- 
tact with  any  person  or  with  the  secretions  of  any 
person  affected  with  Asiatic  cholera,  diphtheria,  scarlet 
fever,  smallpox,  typhoid  feVer,  or  typhus  fever. 

This  regulation  shall  not  apply  to  any  vessel  within 
the  jurisdiction  of  the  health  officer  of  the  port  of  New 
York. 

Regulation  15..  Right  of  entrance  and  inspection.  Xo 
person  shall  interfere  with  or  obstruct  the  entrance  to 
any  house,  building,  or  vessel  by  any  inspector  or  officer 
of  the  state  or  local  health  authorities,  in  the  discharge 
of  his  official  duties,  nor  shall  any  person  interfere  with 
or  obstruct  the  inspection  or  examination  of  any  occu- 
pant of  any  such  house,  building,  or  vessel  by  any 
inspector  or  officer  of  the  state  or  local  health  authori- 
ties, in  the  discharge  of  his  official  duties. 

Regulation  16.  Instructions  as  to  disinfection  of  ex- 
creta in  Asiatic  cholera,  dysentery,  para-typhoid  fever, 
and  typhoid  fever.  It  shall  be  the  duty  of  the  physician 
in  attendance  on  any  case  suspected  by  him  to  be 
Asiatic  cholera,  dysentery,  para-typhoid  fever,  or 
typhoid  fever,  to  give  detailed  instructions  to  the 
nurse  or  other  person  in  attendance  in  regard  to  the 
disinfection  and  disposal  of  the  excreta.  Such  instruc- 
tions shall  be  given  on  the  first  visit,  and  shall  con- 
form to  the  special  rules  and  regulations  of  the  state 
department  of  health."  It  shall  be  the  duty  of  the 
nurse  or  person  in  attendance  to  carry  out  the  dis- 
infection in  detail  until  its  discontinuance  is  permitted 
by  the  local  health  officer. 

Regulation  17.  Instructions  as  to  disinfection  of  dis- 
charges in  diphtheria,  epidemic  cerebrospinal  meningitis, 
epidemic  or  septic  sore  throat,  measles,  poliomyelitis  (in- 

*  See  p.  451. 


484  Public  Health  Law 

fantile  paralysis),  scarlet  fever,  smallpox^  and  whooping 
cough.  It  shall  be  the  duty  of  the  physician  in  attend- 
ance on  any  case  suspected  by  him  to  be  diphtheria, 
epidemic  cerebrospinal  meningitis,  epidemic  or  septic 
sore  throat,  measles,  poliomyelitis  (infantile  paralysis), 
scarlet  fever,  smallpox,  or  whooping  cough,  to  give 
detailed  instructions  to  the  nurse  or  other  person  in 
attendance  in  regard  to  the  disinfection  and  disposal 
of  the  discharges  from  the  nose,  mouth  and  ears  of  the 
patient.  Such  instructions  shall  be  given  on  the  first 
visit  and  shall  conform  to  the  special  rules  and  regula- 
tions of  the  state  department  of  health.  It  shall  be 
the  duty  of  the  nurse  or  person  in  attendance  to  carry 
out  the  disinfection  in  detail  until  its  discontinuance 
is  pemitted  by  the  local  health  officer. 

Regulation  18.  Precautions  to  be  observed  by  physi- 
cians and  attendants.  The  physician  or  nurse  or  other 
necessary  attendant  upon  a  case  of  diphtheria,  measles, 
or  scarlet  fever,  after  attendance  upon  the  case,  shall 
take  precautions  and  practice  measures  of  cleansing  or 
disinfection  of  his  person  or  garments  to  prevent  the 
conveyance  to  others  of  infective  material  from  the 
patient. 

Regulation  19.  Distribution  of  circulars.  It  shall  be 
the  duty  of  every  health  officer,  as  soon  as  a  case  of 
diphtheria,  epidemic  cerebrospinal  meningitis,  epidemic 
of  septic  sore  throat,  measles,  poliomyelitis  (infantile 
paralysis),  scarlet  fever,  smallpox,  typhoid  fever,  typhus 
fever,  or  whooping  cough  is  reported  to  him,  or  as  soon 
thereafter  as  possible,  to  give  every  family  or  individual 
living  in  the  house  or  building,  in  which  such  case  is, 
the  circulars  of  information  and  copies  of  any  rules 
and  regulations,  printed  in  a  language  understocd  by 
such  individual,  concerning  such  diseases  which  may  be 
issurd  by  the  state  department  of  health  or  the  local 
health  authorities.  The  health  officer  shall  also  notify 
.  family  or  individual  living  in  the  house  of  the 
existence  of  such  disease. 


The  Sanitary  Code 

Regulation  20.  Posting  placards.  When  a  case  of 
diphtheria,  epidemic  cerebrospinal  meningitis,  mea- 
poliomyelitis  (infantile  paralysis),  scarlet  fever,  small- 
pox, or  typhus  fever  exists  in  any  house,  or  apartment, 
or  room,  it  shall  be  the  duty  of  the  health  officer  to 
post  upon  such  house,  or  apartment,  or  room,  or  rooms, 
in  which  such  case  is  isolated,  near  the  entrance  there- 
of, a  placard  stating  the  existence  therein  of  a  com- 
municable disease. 

Regulation  21.  Interference  with  placards.  No  per- 
son shall  interfere  with  or  obstruct  the  posting  of  any 
placard  by  any  health  authority  in  or  on  any  place  or 
premises,  nor  shall  any  person  conceal,  mutilate,  or 
tear  down  any  such  placard,  except  by  permission  of 
the   health   authority. 

In  the  event  of  such  placard  being  concealed,  muti- 
lated, or  torn  down,  it  shall  be  the  duty  of  the  occupant 
of  the  premises  concerned  inimediately  to  notify  the 
local  health  officer. 

Regulation  22.  Preventing  the  spread  of  communi- 
cable diseases  in  institutions.  It  shall  be  the  duty  of 
the  superintendent  or  person  in  charge  of  any  hospital. 
or  other  institution,  or  dispensary,  in  which  there  is  a 
person  affected  with  any  communicable  disease,  to  take 
such  steps  as  will,  so  far  as  practicable,  prevent  the 
spread  of  infective  material. 

Regulation  23.  Isolation  wards  required  for  institu- 
tions for  children.  Every  institution  for  children,  in 
which  twenty  or  more  children  sleep,  shall  be  provided 
with  at  least  one  isolation  ward,  or  room  or  apartment 
or  tent,  so  related  to  the  rest  of  the  building  as  to 
make    proper    isolation    therein    practicable. 

Regulation  24.  Exposure  of  persons  affected  with 
communicable  disease.  No  person  shall  permit  any  child, 
minor,  or  other  person  under  his  charge,  affected  with 
diphtheria,  measles,  poliomyelitis,  acute  anterior  (in- 
fantile paralysis)  scarlet  fever,  smallpox,  or  typhus 
fever,  to  associate  with  others  than  his   attendants. 


486  Public  Health  Law 

Xo  person  affected  with  any  of  said  diseases  shall 
expose  himself  in  such  manner  as  to  cause  or  contribute 
to,  promote  or  render  liable  their  spread.  (As  am'd 
Oct.  20,   1914.) 

Regulation  25.  Needless  exposure  to  communicable 
disease  forbidden.  No  person  shall  expose  or  permit  the 
visiting,  association,  or  contact  of  any  child,  minor,  or 
other  person  under  his  charge,  with  any  person  affected 
with  diphtheria,  measles,  scarlet  fever,  smallpox,  typhus 
fever,  or  whooping  cough,  or  with  discharges  of  any 
kind  from  the  person  of  a  patient  affected  with  any  of 
said  diseases. 

No  person  shall  needlessly  expose  himself,  or  visit, 
or  associate,  or  come  in  personal  contact  with,  a  case  of 
any  of  said  diseases,  or  the  discharges  therefrom,  on  in 
any  manner  cause  or  contribute  to,  promote  or  render 
liable,  the  spread  thereof. 

Regulation  26.  Exclusion  from  school  of  cases  of  dis- 
ease presumably  communicable.  It  shall  be  the  duty  of 
the  principal  or  other  person  in  charge  of  any  public, 
private,  or  Sunday  school  to  exclude  therefrom  any 
child  or  other  person  affected  with  a  disease  presumably 
communicable  until  such  child  or  other  person  shall  have 
presented  a  certificate  issued  by  the  health  officer,  or  by 
the  attending  physician  and  countersigned  by  the  health 
officer,  stating  that  such  child  or  other  person  is  not, 
liable  to  convey  infective  material. 

Regulation  27.  Exclusion  from  schools  and  gather- 
ings of  cases  of  certain  communicable  diseases.  No  per- 
son affected  with  chickenpox,  diphtheria,  epidemic  cere- 
brospinal meningitis,  epidemic  or  septic  sore  throat, 
German  measles,  measles,  mumps,  poliomyelitis  (infan- 
tile paralysis),  scarlet  fever,  smallpox,  trachoma,  or 
whooping  cough,  shall  attend  or  be  permitted  to  attend 
any  public,  private,  or  Sunday  school,  or  any  public  or 
private  gathering.  Such  exclusion  shall  be  for  such 
time   and   under    such    conditions    us   may   be   prescribed 


The  Samtakv  (ode  187 

by  the  local  health  authorities,  not  inconsistent  with 
the  provisions  of  this  code  or  the  special  rules  and 
regulations  of  the  state  department  of  health. 

Regulation  28.  Exclusion  from  schools  and  gatherings 
of  children  of  households  where  certain  communicable 
diseases  exist.  Every  child  who  is  an  inmate  of  a 
household  in  which  there  is,  or  has  been  within  fifteen 
days,  a  case  of  chickenpox,  diphtheria,  epidemic  cerebro- 
spinal meningitis,  German  measles,  measles,  mumps, 
poliomyelitis  (infantile  paralysis),  scarlet  fever,  small- 
pox, or  whooping  cough,  shall  be  excluded  from  every 
public,  private,  or  'Sunday  school  and  from  every  public 
or  private  gathering  of  children  for  such  time  and  under 
such  conditions  as  may  be  prescribed  by  the  local  health 
authorities,  not  inconsistent  with  the  provisions  of  this 
code  or  the  special  rules  and  regulations  of  the  state 
department   of   health. 

Regulation  29.  Precautions  to  be  observed  in  chicken- 
pox,  German  measles,  mumps,  and  whooping  cough. 
No  person  affected  with  chickenpox,  German  measles, 
mumps,  or  whooping  cough  shall  be  permitted  to  come 
in  contact  with  or  to  visit  any  child  who  has  not  had 
such  disease  or  any  child  in  attendance  at  school. 

Regulation  30.  Isolation  or  removal  in  smallpox.  It 
shall  be  the  duty  of  every  health  officer,  whenever  a  case 
of  smallpox  occurs  in  his  jurisdiction,  if  a  suitable 
hospital  is  available,  to  remove  or  cause  to  be  removed 
such  case  promptly  thereto.  Every  inmate  of  the  house- 
hold where  such  case  occurs,  and  every  person  who  has 
had  contact  with  such  case,  or  with  his  secretions  or 
excretions,  shall  be  either  vaccinated  within  three  days 
of  his  first  exposure  to  the  disease  or  placed  under  quar- 
antine, and,  when  vaccinated,  the  name  and  address  of 
such  inmate  or  other  person  shall  be  taken  and  such 
inmate  or  other  person  shall  be  kept  under  daily  obser- 
vation. Such  observation  shall  continue  until  successful 
vaccination   results,    or   for    at   least   twenty    days.     If 


48S  Public  Health  Law 

such  inmate  or  other  person  refuses  to  be  vaccinated, 
he  shall  be  quarantined  until  discharged  by  the  local 
health  officer. 

If  there  is  no  hospital  available,  the  patient  shall  be 
isolated  and  every  inmate  of  the  household  shall  be 
vaccinated  or  strictly  quarantined  until  discharged  by 
the  local  health  officer. 

Whenever  a  case  of  smallpox  occurs  in  his  jurisdic- 
tion, it  shall  be  the  duty  of  the  local  health  officer  to 
use  all  diligence  in  securing  the  names  and  addresses  of 
all  persons  who  have  had  contact  \vitji  such  case,  and 
in  causing  such  persons  to  be  either  vaccinated  or  placed 
under  quarantine. 

Regulation  31.  Provision  for  free  vaccination.  It 
shall  be  the  duty  of  the  board  of  health  of  every  munici- 
pality to  provide,  at  public  expense,  free  vaccination  for 
all  persons  in  need  of  the  same 

Regulation  32.  Removal  to  hospital  or  isolation  and 
restriction  of  visiting  in  certain  cases.  It  shall  be  the 
duty  of  the  health  officer  to  remove,  or  cause  to  be 
removed,  every  case  of  diphtheria,  measles,  or  scarlet 
fever  promptly  to  a  suitable  hospital,  or  to  see  that 
such  case  is  properly  isolated.  Such  isolation  shall  be 
maintained  until  its  discontinuance  is  permitted  by  the 
health  officer. 

No  person,  except  the  physician  and  the  nurse  or  other 
person  in  attendance,  shall  be  permitted  to  come  in 
contact  with  or  to  visit  a  case  of  diphtheria,  measles,  or 
scarlet  fever,  except  by  permission  of  the  health  officer. 

Regulation  33.  Removal  to  hospital  from  lodging 
houses,  hotels,  or  boarding  houses,  or  isolation,  and  pro- 
vision for  persons  who  cannot  be  removed.  It  shall  be 
the  duty  of  the  health  officer,  whenever  9  case  of  diph- 
theria, scarlet  fever,  or  typhus  fever  occurs  in  a  lodging 
house,  hotel,  or  boarding  house  within  his  jurisdiction, 
if  a  suitable  hospital  is  available,  to  remove  or  cau-c 
to    be    removed    BUeh    case    promptly    thereto,   unless    in 


The  Sanitary  Code  489 

1  lie  judgment  of  such  officer,  the  case  can  be  safely 
isolated  on  the  premises. 

If  there  be  no  proper  hospital  available,  or  if,  for  any 
sufficient  reason,  such  case  cannot  be  removed,  it  shall 
be  the  duty  of  the  municipal  authorities  to  make  pro- 
vision, Avhen  necessary,  for  the  medical  and  nursing  dare 
of  such  case  in  such  lodging  house,  hotel,  or  boarding 
house,  and  the  local  health  officer  may,  if  in  his  judg- 
ment such  action  seems  necessary,  remove  or  cause  to 
be  removed  the  other  inmates  therefrom. 

Regulation  34.  Quarantine  in  certain  emergencies. 
When  any  case  of  diphtheria,  epidemic  cerebrospinal 
meningitis,  measles,  scarlet  fever,  smallpox,  or  typhus 
fever  is  not  or  cannot  be  properly  isolated  on  the  prem- 
ises and  cannot  be  removed  to  a  suitable  hospital,  it 
shall  be  the  duty  of  the  local  health  officer  to  forbid 
any  member  of  the  household  from  leaving  the  premises, 
except  under  such  conditions  as  he  may  specify  and 
except  as  provided  by  regulation  twelve  of  this  chapter. 

Regulation  35.  Maximum  period  of  incubation.  For 
the  purpose  of  this  code,  the  maximum  period  of  incu- 
bation (that  is,  between  the  date  of  the  exposure  to 
disease  and  the  date  of  its  development),  of  the  follow- 
ing communicable  diseases  is  hereby  declared  to  be  as 
follows: 

Chickenpox 21  days 

Measles 14  days 

Mumps 21  days 

Scarlet  fever 7  days 

iSmallpox    20  days 

Whooping   cough 14  days 

Regulation  36.  Minimum  period  of  isolation.  The 
minimum  period  of  isolation,  within  the  meaning  of  this 
code,  shall  be  as  follows: 

Chickenpox,  until  twelve  days  after  the  appearance  of 
the  eruption  and  until  the  crusts  have  fallen  and  the 
scars  are  completely  healed. 


490  Public  Health  Law 

Diphtheria  (membranous  croup),  until  two  successive 
negatives  cultures  have  been  obtained  from  the  nose  and 
throat  at  intervals  of  twenty-four  hours. 

Measles,  until  seven  days  after  the  appearance  of  the 
rash  and  until  all  discharges  from  the  nose,  ears  and 
throat  have  disappeared  and  until  the  cough  has  ceased. 

Mumps,  until  two  weeks  after  the  appearance  of  the 
disease  and  one  week  after  the  disappearance  of  the 
swelling. 

Scarlet  fever,  until  thirty  days  after  the  development 
of  the  disease  and  until  all  discharges  from  the  nose, 
ears  and  throat,  or  suppurating  glands  have  ceased. 

Smallpox,  until  fourteen  days  after  the  development 
of  the  disease  and  until  scabs  have  all  separated  and  the 
scars   completely  healed. 

Whooping  cough,  until  eight  weeks  after  the  develop- 
ment of  the  disease  or  until  one  week  after  the  last 
characteristic  cough. 

This  regulation  shall  take  effect  throughout  the  state 
of  ~Sew  York,  except  in  the  city  of  New  York,  on  the 
first  day  of  January,    1916.      (As  am'd  Oct.   5,   1915.) 

Regulation  37.  Sale  of  foods  forbidden  in  certain 
cases.  When  a  case  of  diphtheria,  epidemic  or  septic 
sore  throat,  amoebic  or  bacillary  dysentery,  epidemic 
cerebrospinal  meningitis,  scarlet  fever,  smallpox,  or 
typhoid  fever  exists  on  any  farm  or  dairy  producing 
milk,  cream,  butter,  cheese,  or  other  foods  likely  to  be 
consumed  raw,  no  such  foods  shall  be  sold  or  delivered 
from  such  farm  or  dairy,  except  under  the  following 
conditions: 

(a)  That  such  foods  are  not  brought  into  the  house 
where  such  case  exist  b; 

(b)  That  all  persons  coming  in  contact  with  such 
foods  eat,  sleep   and  work  wholly  outside  such  house; 

(c)  That  such  persons  do  not  come  in  contact  in  any 
way  with   such   house   or   its   inmates   or   contents; 


The  S am  i  \i;v  <  ni.iv'  -I'M 

(b)That  said  inmates  are  properly  isolated  and  sepa 
rated  from  all  other  parts  of  said  farm  or  dairy,  and 
efficiently  cared  for;  and 

(e)  That  a  permit  be  issued  by  the  health  officer. 
(As  am"d  Sept.   16,  1914.) 

Regulation  38.  Destruction  of  foods  in  certain  cases. 
When  a  case  of  diphtheria,  epidemic  or  septic  sore 
throat,  amoebic  or  baeillary  dysentery,  epidemic  cerebro- 
spinal meningitis,  scarlet  fever,  smallpox,  or  typhoid 
fever  exists  on  any  farm  or  dairy  producing  milk, 
cream,  butter,  cheese,  or  other  foods  likely  to  be  con- 
sumed raw,  the  State  commissioner  of  health  or  the 
local  health  officer  may  destroy  or  order  the  destruction 
of  any  such  foods  which  in  his  opinion  may  r/.ave  been 
so  contaminated  as  to  be  a  source  of  danger,  and  the 
local  authorities  may  compensate  the  owner  for  foods 
so  destroyed.      (As  am'd  Sept.   16,   191^.) 

Regulation  39.  Handling  of  food  forbidden  in  certain 
cases.  Xo  person  affected  with  any  communicable  dis- 
ease shall  handle  food  or  food  products  intended  for 
sale,  which  are  likely  to  be  consumed  raw  or  liable  to 
convey  infective  material. 

Xo  person  who  resides,  boards,  or  lodges  in  a  house- 
hold where  he  comes  in  contact  with  any  person  affected 
with  baeillary  dysentery,  diphtheria,  epidemic  or  septic 
sore  throat,  measles,  scarlet  fever,  or  typhoid  fever,  shall 
handle  food  or  food  products  intended  for  sale. 

No  waiter,  waitress,  cook,  or  other  employee  of  a 
boarding  house,  hotel,  restaurant,  or  other  place  where 
food  is  served,  who  is  affected  with  any  communicable 
disease,  shall  prepare,  serve,  or  handle  food  for  others 
in  any  manner  whatsoever. 

Xo  waiter,  waitress,  cook,  or  other  employee  of  a 
boarding  house,  hotel,  restaurant,  or  other  place  where 
food  is  served,  who  lodges  or  visits  in  a  household  where 
he  comes  in  contact  with  any  person  affected  with  baeil- 
lary   dysentery,    diphtheria,    epidemic    or    septic    sore 


492  Public  Health  Law 

throat,  measles,  scarlet  fever,  or  typhoid  fever  shall 
prepare,  serve  or  handle  food  for  others  in  any  manner 
whatsoever. 

Regulation  40.  Carriers  of  disease  germs.  Any  per- 
son who  is  a  carrier  of  the  disease  germs  of  Asiatic 
cholera,  baeillary  dysentery,  diphtheria,  epidemic  cere- 
brospinal meningitis,  poliomyelitis  (infantile  paralysis), 
or  typhoid  fever,  shall  be  subject  to  the  special  rules 
and  regulations  of  the  state  department  of  health. 

Regulation  41.  Reports  of  food  poisoning.  When  any 
physician  or  the  superintendent  or  person  in  charge  of 
any  hospital,  other  institution,  or  dispensary,  or  any 
visiting  nurse  or  public  health  nurse,  or  the  person  in 
charge  of  any  labor  or  other  camp  shall  have  knowledge 
of  the  occurrence  of  a  number  or  group  of  cases  of 
severe  or  fatal  illness  believed  to  have  been  due  to  the 
consumption  of  articles  of  food  suspected  to  have  been 
spoiled  or  poisonous,  it  shall  be  the  duty  of  such  physi- 
cian, superintendent,  nurse,  or  other  person  to  report 
the  same  immediately,  by  telephone  or  telegram,  when 
practicable,  to  the  state  commissioner  of  health  and  to 
the  local  health  officer  in  whose  jurisdiction  such  cases 
occur. 

It  shall  be  the  duty  of  the  local  health  officer  to 
report  immediately  to  the  state  commissioner  of  health, 
by  telephone  or  telegram,  when  practicable,  the  occur- 
rence of  a  number  or  group  of  sucli  cases.* 

Regulation  42.  Duties  of  physicians  and  other  persons 
concerning  tuberculosis.  It  shall  be  the  duty  of  every 
physician  or  other  person  required  to  perform  any  duty 
under  sections  three  hundred  and  twenty  to  three  hun- 
dred and  thirty,  both  inclusive,  of  article  sixteen  of  the 
public  health  law,  providing  for  the  reporting  and  con- 
trol of  cases  of  tuberculosis,  to  take  all  steps  incumbent 
nn  Mm  and  necessary  to  carry  into  effect  the  provisions 
of  the  said  law. 


*  This  regulation  is  Included  here  for  convenience  in  noti- 
fication and  regulation. 


The  Sanitary  Code  493 

Regulation  42-a.  Duties  of  health  officer  on  receiving 
report  of  an  apparent  case  of  tuberculosis.  Upon  re- 
ceiving a  report  in  writing  of  an  apparent  case  of  tuber- 
culosis, as  authorized  by  section  320  of  the  public  health 
law,  the  health  officer  shall  thereupon  take  the  follow- 
ing steps: 

1.  If  the  alleged  case  has  been  previously  reported  to 
him  by  a  physician  as  having  tuberculosis  and  the  latter 
has  elected  to  assume  the  sanitary  supervision  thereof 
as  permitted  in  section  328  of  the  public  health  law, 
the  health  officer  shall  ascertain  promptly  whether  such 
physician  is  maintaining  proper  sanitary  supervision. 

2.  If  the  alleged  case  has  not  been  previously  reported 
to  him  as  having  tuberculosis,  the  health  officer  shall 
lake  proper  measures  to  determine  whether  there  is 
reason  to  believe  such  person  is  affected  with  pulmon- 
ary tuberculosis  and  if  by  suitable  physical  or  sputum 
examination,  or  both,  he  ascertains  that  the  person  is 
affected  with  pulmonary  tuberculosis  he  shall  then  pro- 
ceed in  accordance  with  the  provisions  of  the  public  health 
law  and  the  rules  of  the  state  department  of  health. 

This  regulation  shall  take  effect  throughout  the  state 
of  Xew  York,  except  in  the  city  of  New  York,  on  the 
first  day  of  March,   1916.      (Reg.  added  Dec.  7,   1915.) 

Regulation  43.  Inoculation  with  living  bacteria.  The 
use  of  living  bacterial  organisms  in  the  inoculation  of 
human  beings  for  the  prevention  or  treatment  of  disease 
is  hereby  prohibited  until  full  and  complete  data  regard- 
ing the  method  of  use,  including  a  specimen  of  the  cul- 
ture and  other  agents  employed  therewith,  and  a  full 
account  of  the  details  of  preparation,  dosage,  and  ad- 
ministration, shall  have  been  submitted  to  the  state 
commissioner  of  health  and  until  permission  shall  have 
been  granted  in  writing  by  the  state  commissioner  of 
health  for  the  use  of  the  same. 

Regulation  43-a.  Distribution  of  living  cultures  of 
disease  inducing  bacteria.    No  person  having  in  his  pos- 


[94  Public  Health  Law 

session  the  cultures  of  pathogenic  bacteria  shall  sell  or 
convey  such  cultures  to  any  person  or  laboratory  unless 
first  approved  by  the  State  Commissioner  of  Health. 
This  amendment  shall  take  effect  May  1,  1010.  (Reg. 
added  February  4,  1916.) 

Regulation  44.  Inspection  of  laboratories.  The  state 
commissioner  of  health,  or  his  authorized  representative, 
shall  have  authority  to  inspect  every  bacteriological  or 
chemical  laboratory  doing  work  for  the  health  authori- 
ties of  the  state  or  of  any  county  or  municipality 
therein.  He  may  advise  the  person  in  charge  of  such 
laboratory  as  to  the  methods  employed  in  the  examina- 
tions which  in  any  way  affect  the  public  health,  and  he 
may  report  the  result  of  the  inspection  to  the  authorities 
of  the  county  or  municipality  employing  such  laboratory. 

Regulation  45.  Cleansing,  renovation,  and  disinfec- 
tion required.  Adequate  cleansing  of  rooms,  furniture 
and  belongings,  when  deemed  necessary  by  the  local 
health  officer,  or  required  by  this  code  or  otherwise  by 
law,  shall  immediately  follow  the  recovery,  death,  or 
removal  of  a  person  affected  with  a  communicable 
disease.  Such  cleansing  shall  be  performed  by  and'  at 
the  expense  of  the  occupant  of  said  premises,  upon  the 
order  and  under  the  direction  of  the  local  health  officer, 
in  accordance  with  the  regulations  of  the  sanitary  code. 

Adequate  renovation  of  premises,  when  deemed  neces- 
sary by  the  local  health  officer,  or  required  by  this  code 
or  otherwise  by  law,  shall  immediately  follow  the 
recovery,  death,  or  removal  of  a  person  affected  with  a 
communicable  disease.  Such  renovation  shall  be  per 
formed  by  and  at  the  expense  of  the  owner  of  said 
premises  or  his  agents,  upon  the  order  and  under  the 
direction  of  the  local  health  officer,  in  accordance  with 
the  regulations  of  the  sanitary  code. 

Adequate  disinfection  of  premises,  furniture  and  be- 
longings, when  deemed  necessary  by  the  local  health 
officer  or  required  by  this  code  or  otherwise  by  law,  shall 


The  Sanitary  Code  L05 

immediately,  follow  the  recovery,  death,  or  removal  of  a 
person  affected  with  a  communicable  disease.  Such  dis 
infection  shall  be  performed  by  or  under  the  direction 
of  the  local  health  officer  in  accordance  with  the  regula- 
tions of  the  sanitary  code  and  at  the  public  expense 
unless  otherwise  provided  pursuant  to  law. 

Regulation  46.  Methods  and  precautions  in  cleansing, 
renovation  and  disinfection.  The  following  methods  and 
precautions  shall  be  observed  in  cleansing,  renovation 
and  disinfection: 

(a)  Cleansing  shall  be  secured  by  the  thorough  re- 
moval of  dust  and  other  contaminating  material  in  such 
a  way  as  to  prevent  the  entry  thereof,  as  far  as  may 
be  possible,  into  other  rooms  or  dwellings;  washing 
with  soap  and  water;  scouring;  airing;  and  exposure 
to  sunlight;  in  accordance  with  the  special  rules  and 
regulations  of  the  state   department  of  health. 

(b)  Renovation  shall  be  secured  by  removing  old 
paper  from  walls  and  ceilings,  and  repainting,  recalci- 
mining,  or  repapering  of  walls,  ceilings,  and  woodwork 
as  may  be  ordered  by  the  local  health  officer  in  accord- 
ance with  the  special  rules  and  regulations  of  the  state 
department  of  health. 

(c)  Disinfection  of  rooms  shall  be  secured  by  the  use 
of  such  disinfecting  agents  in  such  quantities  and  in 
such  manner  and  of  such  sterilizing  procedures  as  may 
be  ordered  by  the  local  health  officer,  in  accordance 
with  the  special  rules  and  regulations  of  the  state 
department  of  health.*  When  gaseous  disinfectants  are 
to  be  used,  all  cracks,  crevices,  and  openings  into  the 
room  shall  first  be  pasted  over  with  paper.  Thereafter, 
all  rugs,  carpets,  upholstered  furniture,  and  such  tex- 
tile fabrics  in  the  said  room  as  cannot,  in  the  opinion 
of  the  local  health  officer,  be  washed  or  soaked  in  a 
disinfecting  solution,  may  be  removed  for  disinfection 
by   steam  when  ordered  by  the  local  health  officer,   in 

*  Soe  p.   45 1 ■ 


496  Public  Health  Law 

accordance  with  the  special  rules  and  regulations  of 
the  state  department  of  health.* 

Regulation  47.  Destruction  of  furniture,  clothing  and 
other  articles.  Furniture,  bedding,  clothing,  carpets, 
rugs,  and  other  articles,  which  may  have  been  contami- 
nated with  infective  material  from  any  case  of  diph- 
theria, scarlet  fever,  or  smallpox,  and  which  are  of 
such  a  nature  or  in  such  condition  that  they  cannot, 
in  the  opinion  of  the  local  health  officer,  be  properly 
cleansed,  disinfected,  or  sterilized,  shall  upon  his  order 
be  destroyed  in  the   manner  designated  by  him. 

Regulation  48.  Cleansing  and  disinfection  of  the  per- 
son. It  shall  be  the  duty  of  the  patient,  upon  con- 
valescence or  recovery  from  any  communicable  disease, 
and  of  the  nurse  or  persons  in  attendance  on  such  case, 
throughout  the  course  of  the  disease  as  well  as  at  its 
close,  suitably  to  cleanse  and,  when  necessary,  to  disin- 
fect their  persons  in  accordance  with  the  manner  pre- 
scribed by  the  special  rules  and  regulations  of  the  state 
department  of  health. t 

Regulation  49.  Letting  of  rooms  forbidden  while  con- 
taminated with  infective  material.  No  proprietor  of  a 
hotel,  boarding  house,  or  lodging  house  shall  let  for 
hire  or  cause  or  permit  anyone  to  occupy  a  room  or 
apartment  previously  occupied  by  a  person  affected  with 
diphtheria,  epidemic  cerebrospinal  meningitis,  measles, 
poliomyelitis  (infantile  paralysis),  scarlet  fever,  small- 
pox, tuberculosis,  or  typhus  fever,  until  such  room  or 
apartment  has  been  cleansed,  renovated,  or  disinfected, 
under  the  direction  of  the  local  health  officer. 

When  an  order  requiring  the  cleansing,  renovation,  or 
disinfection    of    articles    or    premises    is    not    complied 


♦Thorough  cleansing,  the  use  of  soap  and  water,  and 
full  exposure  to  fresh  air  and  sunlight  are  most  efficient 
means  of  removing  infective  material,  not  only  from  the 
walls  and  floors  of  rooms,  but  also  from  furniture  and  other 
articles. 

t  Bee    p.    1">1 . 


The  Sanitary  Code  497 

with,  the  local  health  officer  shall  post  a  placard  on 
the  premises,  reading  as  follows: 

"Notice:     These  apartments  have   (or  this  room  has) 

been  occupied  by  a  person  affected  with    

They  (or  it)  must  not  again  be  occupied  until  orders 
for  cleansing,  renovation,  or  disinfection  have  been 
complied  with.  This  notice  must  not  be  removed  under 
penalty  of  the  law. 

Date   

Health  Officer." 

Regulation  50.  Duties  of  common  carriers  during  epi- 
demics. Whenever  the  state  commissioner  of  health  shall 
make  public  declaration  of  the  existence  of  an  epidemic 
of  a  communicable  disease  in  any  municipality,  and 
shall  notify  the  local  health  board  or  officer  of  such 
declaration,  the  state  commissioner  of  health  may  de- 
clare, and  his  declaration  shall  have  the  force  and  effect 
of  law,  that  no  common  carrier  shall  receive  or  admit 
any  person  for  carriage  or  transportation  in  such  mu- 
nicipality except  upon  the  presentation  and  surrender 
to  the  agent,  conductor,  or  other  person  in  charge  of 
the  conveyance,  in  which  such  person  desires  to  travel, 
of  a  certificate  by  the  local  health  officer  to  the  effect 
that  such  person  is,  in  the  opinion  of  the  officer  issuing 
the  same,  free  from  the  disease  then  epidemic,  and  that 
such  person  may  be  received  and  carried  without  dan- 
ger to  the  general  public  health,  and  giving  in  plain, 
legible  writing  the  name,  residence,  and  place  of  desti- 
nation of  such  person;  and  said  declaration  may  fur- 
ther provide  that  no  person  shall  board  or  enter  any 
such  conveyance  without  such  certificate. 

Such  certificate  shall  be  filed  in  the  office  of  the  state 
department  of  health  by  the  common  carrier  receiving 
the  same  within  thirty-six  hours  after  the  receipt 
thereof. 

The  provisions  of  this  regulation  shall  not  apply  to 


498  Public  Health  Law 

common    carriers    carrying    passengers    wholly    within 
the  limits  of  the  municipality  affected. 

Regulation  51.  Placarding  by  common  carriers.  When 
the  declarations  are  made  as  provided  in  the  preceding 
regulation,  and  a  common  carrier  of  passengers  or  an 
officer  or  agent  thereof  is  notified  by  the  state  commis- 
sioner of  health  or  by  the  local  health  officer  of  such 
declaration,  it  shall  be  the  duty  of  such  common  carrier 
of  passengers  operating  public  conveyances  in  any  such 
municipality  to  forthwith  conspicuously  place  or  post 
in  every  station,  within  such  area  as  the  state  commis- 
sioner may  designate,  and  in  every  conveyance  the 
placard  hereinafter  described,  and  to  keep  the  same 
posted  until  the  epidemic  is  declared  ended  by  the  state 
commissioner  of  health: 

"  WARNING 

THERE  IS  AN  OUTBREAK  OF IN 

(give  name  of  the  disease  and  of  city,  town,  or  village) 
PASSENGERS    ARE    CAUTIONED. 

STATE  COMMISSIONER  OF  HEALTH." 

Said  placard  shall  be  in  heavy  block  letters  in  red 
ink  on  a  white  background,  with  each  letter  not  less 
than  two  inches  in  height  and  one  and  a  half  inches  in 
width,  and  shall  be  posted  so  that  the  same  shall  be 
in  plain  view  of  passengers  when  they  are  seated. 

Any  common  carrier  aforesaid  entering  any  such  mu- 
nicipality shall  post  such  placard  in  such  conveyance 
in  the  manner  aforesaid  at  least  one  hour  before  arriv- 
ing in  any  municipality  in  which  an  epidemic  is  de- 
clared to  exist,  and  shall  keep  the  same  posted  not  less 
than  half  an  hour  after  departing  therefrom. 

Regulation  52.  Duties  of  undertakers.  It  shall  be 
the  duty  of  every  undertaker  taking  charge  of  the 
preparation  for  burial  of  the  body  of  any  person  to 
ascertain  whether  such  person  died  of  a  communicable 


The  Sanitary  Code  L99 

disease  and  if  such  person  died  of  Asiatic  cholera, 
diphtheria,  epidemic  cerebrospinal  meningitis,  glanders, 
plague,  scarlet  fever,  smallpox,  or  typhus  fever  it  shall 
be  his  duty  to  cause  it  immediately  to  be  wrapped  in 
a  sheet  saturated  with  disinfecting  solution  and 
promptly  thereafter  placed  in  a  coffin  or  casket,  which 
shall  then  be  immediately  and  permanently  closed. 
This  regulation  shall  not  be  construed  to  prohibit  the 
embalming  of  any  such  body,  but  the  undertaker  shall 
cause  such  embalming  to  be  done  immediately  upon 
taking  charge  of  the  body,  except  that,  when  a  permit 
for  embalming  is  required,  this  shall  not  proceed  until 
the  receipt  of  such  permit.  But  immediately  after  the 
embalming  he  shall  cause  such  body  to  be  wrapped  in 
a  sheet  and  placed  in  a  coffin  or  casket  as  hereinabove 
directed. 

After  handling,  embalming,  or  preparing  for  burial 
the  body  of  a  person  dead  of  any  of  the  communicable 
diseases  enumerated  in  this  regulation,  such  parts  of 
the  persons,  garments,  and  utensils  or  other  articles  of 
the  undertaker  or  his  assistants,  as  may  have  been  liable 
to  contamination  with  infective  material,  shall  be  imme- 
diately cleansed  or  disinfected  or  sterilized  in  the  man- 
ner prescribed  by  the  rules  and  regulations  of  the  state 
department   of   health.* 

This  regulation  shall  take  effect  throughout  the  state 
of  New  York,  except  the  city  of  New  York,  on  the  first 
day  of  March,  1915.      (As  am'd  Feb.  2,  1915.) 

Regulation  53.  Public  funerals  forbidden  in  certain 
cases.  A  public  or  a  church  funeral  shall  not  be  held 
of  any  person  who  has  died  of  diphtheria,  measles,  scar- 
let fever,  smallpox,  or  typhus  fever;  but  any  funeral  of 
such  person  shall  be  private.! 


*  See  p.  451. 

t  The  purpose  of  this  regulation  Is  to  prevent  the  spread 
of  disease  by  any  member  of  the  deceased's  family  or  house- 
hold who  may  be  convalescent  from  the  disease,  or  who 
may  have  the  disease  in  a  mild  or  unrecognized  form,  or  who 
may  be  a  carrier  thereof. 


500  Public  Health  La^v 

Regulation  54.  When  to  take  effect.  Every  regula- 
tion in  this  chapter,  unless  otherwise  specifically  stated, 
shall  take  effect  on  the  first  day  of  May,  1914. 

CHAPTER  III 

(Adopted  June  16,  1914) 
Milk  and  Cream 

Regulation  1.  Permit  required  for  sale  of  milk  in 
municipalities.  No  corporation,  association,  firm  or 
individual  shall  sell  or  offer  for  sale  at  retail  milk 
or  cream  in  any  municipality  without  a  permit  from 
the  health  officer  thereof,  which  shall  be  issued  subject 
to  such  conditions  as  may  be  imposed  by  this  code  or 
by  the  local  health  officer.  Such  permit  shall  expire 
on  the  thirty-first  day  of  March,  unless  another  date 
is  designated  by  the  local  authorities,  and  shall  be 
renewable  on  or  before  such  date  in  each  year,  and 
may  be  revoked  at  any  time  for  cause  by  the  state 
commissioner  of  health  or  the  local  health  officer  after 
a  li earing  on  due  notice.  (As  am'd  Oct.  20,  1914;  in 
effect  Nov.   16,  1914.) 

No  fee  may  be  charged  for  this  permit.  See  Sec.  81, 
Gen.  Munic.  Law,  p.  348.  Sec.  210,  Town  Law,  p.  411, 
Sec.  91,  Village  Law,  p.  433. 

Regulation  2.  Application  for  permit  required.  No 
permit  for  the  sale  at  retail  of  milk  or  cream  in  any 
municipality  shall  be  issued  unless  written  application, 
sworn  to  by  the  applicant,  has  been  made  therefor  in 
the  form  prescribed  by  the  state  commissioner  of  health. 
(As  am'd  Oct.  20,  1914;  in  effect  Nov.  16,  1914.) 

Regulation  3.  Information  required  in  application  for 
permit.  Every  application  for  a  permit  to  sell  at  retail 
milk  or  cream  in  any  municipality  shall  contain  the 
name  of  each  producer  from  whom  the  applicant  re- 
ceives   or   expects   to   receive   milk   or   cream    for   sale, 


The  Sanitary  Code  501 

together  with  the  approximate  amount  of  milk  or 
cream  to  be  furnished  by  each  such  producer,  and  upon 
change  in  the  source  or  amount  of  supply  notice  thereof 
shall  be  given  promptly  to  the  local  health  officer.  (As 
am'd  Oct.  20,  1914;  in  effect  Nov.  16,  1914.) 

Regulation  4.  Dairy  farms  to  be  inspected  and 
scored.  Previous  to  the  first  day  of  January,  1915, 
the  health  officer  or  his  representative  in  every  mu- 
nicipality shall  make  a  sanitary  inspection  of  every 
dairy  farm  where  milk  or  cream  is  produced  for  sale 
at  retail  in  such  municipality  and  shall  score  each 
such  dairy  farm  on  the  score  card  prescribed  by  the 
state  commissioner  of  health. 

On  or  after  the  first  day  of  January,  1915,  each 
such  health  officer  or  his  representative  shall  make 
such  inspection  and  scoring  at  least  once  in  each  year 
and  before  the  thirty-first  day  of  March  in  each  yeai 
unless  another  date  is  designated  by  the  local  authori- 
ties pursuant  to  regulation  1   of  this  chapter. 

The  local  health  officer  of  such  municipality  may, 
however,  in  his  discretion  accept  the  inspection  and 
scoring  by  the  health  officer  or  his  representative  of 
another  municipality.  (As  am'd  Oct.  20,  1914;  in  effect 
Nov.  16,  1914.) 

Regulation  5.  Conditions  of  issuance  of  permit.  On 
and  after  the  first  day  of  January,  1915,  no  permit 
to  sell  at  retail  milk  or  cream  in  any  municipality 
shall  be  issued  unless  the  premises,  where  it  is  pro- 
posed to  handle  such  milk  or  cream,  shall,  in  the 
opinion  of  the  local  health  officer  or  his  representative 
after  inspection,  have  been  rendered  clean  and  sanitary; 
and  unless  each  farm  or  dairy,  where  such  milk  or 
cream  is  produced,  shall  have  been  rated  after  inspec- 
tion by  a  health  officer  or  his  representative,  or,  in 
case  of  protest,  by  a  sanitary  supervisor  of  the  state 
department  of  health,  at  least  forty  per  cent,  on  the 
score    card    prescribed    by    the    state    commissioner    of 


502  Public  Health  Law 

health.  (As  am'd  Oct.  20,  1914;  in  effect  2s ov.  16, 
1914.) 

Regulation  6.  Conditions  of  renewal  of  permit.  !Nu 
permit  to  sell  at  retail  milk  or  cream  in  any  munici- 
pality shall  be  renewed  unless  inspection  has  been 
made  within  the  preceding  six  months  by  the  local 
health  officer  or  his  representative  of  the  premises  where 
such  milk  or  cream  is  handled  and  unless  each  farm  or 
dairy  where  such  milk  or  cream  is  produced  has  been 
rated  by  a  health  officer  or  his  representative,  or,  in 
case  of  protest,  by  a  sanitary  supervisor  of  the  state 
deoartment  of  health,  within  the  preceding  »six  months 
after  inspection  at  least  forty  per  cent,  on  the  score 
card  prescribed  by  the  state  commissioner  of  health. 
(As  am'd  Oct.  20,   1914;   in  effect  Nov.  16,  1914.) 

Regulation  7.  Public  display  of  permit.  Permits  to 
sell  milk  or  cream  shall  be  publicly  displayed  in  such 
manner  as  may  be  prescribed  by  the  local  health 
authorities.  (As  am'd  Oct.  20,  1914;  in  effect  Nov.  16, 
1914.) 

Regulation  8.  Milk  and  cream  to  be  kept  only  under 
sanitary  conditions.  Xo  milk  or  cream  shall  be  sold 
or  kept  for  sale  under  any  conditions  which  in  the 
opinion  of  the  local  health  officer  are  not  clean  and 
sanitary. 

All  vessels  containing  such  milk  or  cream  for  sale 
shall  at  all  times  be  covered,  kept  cool,  and  so  placed 
that  the  contents  will  not  be  exposed  to  sun,  dust, 
dirt,  flies  or  other  insects. 

Regulation  g.  Conditions  of  bottling  of  milk  and 
cream.  No  milk  or  cream  shall  be  served  or  sold  in 
bottles  or  offered  for  sale  in  bottles,  unless  the  bottling 
is  done  under  clean  and  sanitary  conditions  at  the 
place  of  production  or  collecting  or  distributing  sta- 
tion. 

Each  bottle  shall  be  capped  and  each  cap  shall  show 


The  Sanitary  Code  503 

the  name  of  the  producer  or  dealer  and  the  place  of 
bottling. 

Regulation  10.  Receptacles  to  be  kept  in  sanitary 
condition;  when  to  be  condemned  and  seized.  Every  can 
or  other  vessel,  which  is  used  to  contain  milk  or  cream 
intended  for  sale,  shall  be  constantly  kept  in  a  clean 
and  sanitary  condition.  When  emptied  and  before  being 
returned  by  the  person  to  whom  it  was  last  delivered 
full  or  partly  full  every  such  can  or  other  vessel  shall 
be  effectively  cleansed.  The  local  health  officer  or  his 
representative  shall  condemn  any  such  can  or  other 
vessel  found  by  him  to  be  in  such  condition  that  it 
cannot  be  rendered  by  washing  clean  and  sanitary  as  a 
receptacle  for  milk  or  cream,  and  shall  destroy  or  so 
mark  the  condemned  vessel  as  to  show  that  it  has  been 
condemned.  When  so  condemned  and  marked,  such  can 
or  other  vessel  shall  not  be  used  again  to  contain  milk 
or  cream  for  sale.  The  local  health  officer  or  his  repre- 
sentative may  seize  and  hold  as  evidence  any  can  or 
other  vessel  returned  or  otherwise  used  in  violation  of 
this  regulation. 

Regulation  n.  Utensils  to  be  cleansed.  All  dippers, 
measures  or  other  utensils  used  in  the  handling  of  milk 
or  cream  intended  for  sale  shall  be  maintained  in  a 
cleanly  condition. 

Regulation  12.  Pasteurization.  Except  where  a  dif- 
ferent standard  of  pasteurization  has  been  adopted  pre- 
vious to  the  first  day  of  September,  1914,  by  the  local 
health  authorities,  no  milk  or  cream  shall  be  sold  or 
offered  for  sale  as  pasteurized  unless  it  has  been  sub- 
jected to  a  temperature  of  142  to  145  degrees  fahren- 
heit  for  not  less  than  thirty  minutes;  and  no  milk  or 
cream  which  has  been  heated  by  any  method  shall  be 
sold  or  offered  for  sale  unless  the  heating  conforms  to 
the  provisions  of  this  regulation. 


504  Public  Health  Law 

After  pasteurization  the  milk  or  cream  shall  be  imme- 
diately cooled  and  placed  in  clean  containers  and  the 
containers  shall  be  immediately  sealed. 

No  milk  or  cream  shall  be  pasteurized  more  than 
once. 

This  regulation  shall  take  effect  throughout  the  state 
of  New  York,  except  in  the  city  of  New  York,  on  the 
first  day  of  January,  1916.      (As  am'd  Oct.  5,  1915.) 

Regulation  13.  Designations  of  milk  and  cream  re- 
stricted. All  milk  sold  or  offered  for  sale  at  retail 
shall  bear  one  of  the  designations  provided  in  this 
regulation,  which  constitute  the  minimum  requirements 
permitted  in  this  state. 

No  term  other  than  "  certified "  shall  be  used  to 
designate  the  grade  or  quality  of  milk  or  cream  which 
is  sold  or  offered  for  sale,  except 

"Grade  A  raw." 

"  Grade  A  pasteurized." 

"Grade  B  raw." 

"  Grade  B  pasteurized." 

"  Grade  C  raw." 

"  Grade  C  pasteurized." 

Certified.  No  milk  shall  be  sold  or  offered  for  sale  as 
certified  milk  which  does  not  conform  to  the  regula- 
tions prescribed  by  and  bear  the  certification  of  a  milk 
commission  appointed  by  a  county  medical  society 
organized  under  and  chartered  by  the  medical  society 
of  the  state  of  New  York  and  which  has  not  been  pro- 
nounced by  such  authority  to  be  free  from  antiseptics, 
added  preservatives  and  pathogenic  bacteria,  or  bacteria 
in  excessive  numbers.  All  milk  sold  as  certified  milk 
shall  be  conspicuously  marked  with  the  name  of  the 
commission  certifying  it. 

No  county  medical  society  shall  give  such  certifica- 
tion unless  all  cows  producing  such  milk  have  been 
tested    nt    least    once    during    the    previous   year    with 


The  Sanitaby  Code  505 

tuberculin,    and    any    cow    reacting    thereto    has    been 
promptly  excluded  from  the  herd. 

Grade  A  raw.  Xo  milk  or  cream  shall  be  sold  or 
offered  for  sale  as  "  Grade  A  raw  "  unless  it  conforms 
to  the  following  requirements: 

The  dealer  selling  or  delivering  such  milk  or 
cream  must  hold  a  permit  from  the  local  health 
officer. 

All  cows  producing  such  milk  or  cream  must 
have  been  tested  at  least  once  during  the  previous 
year  with  tuberculin,  and  any  cow  reacting  thereto 
must  have  been  promptly  excluded  from  the  herd. 

Such  milk  must  not  at  any  time  previous  to 
delivery  to  the  consumer  contain  more  than  60,000 
bacteria  per  cubic  centimeter,  and  such  cream  not 
more  than  300,000  bacteria  per  cubic  centimeter. 

Such  milk  and  cream  must  be  produced  on 
farms  which  are  duly  scored  on  the  score  card 
prescribed  by  the  state  commissioner  of  health  not 
less  than  twenty-five  per  cent,  for  equipment,  and 
not  less  than  fifty  per  cent,  for  methods. 

Such  milk  and  cream  must  be  delivered  within 
thirty-six  hours  from  the  time  of  milking,  unless 
a  shorter  time  shall  be  prescribed  by  the  local 
health  authorities. 

Such  milk  and  cream  must  be  delivered  to  con- 
sumers only  in  containers  sealed  at  the  dairy.  The 
caps  or  tags  must  be  white  and  contain  the  term 
"  Grade  A  raw  "  in  large  black  type,  and  the  name 
and  address  of  the  dealer. 

Grade  A  pasteurized.  Xo  milk  or  cream  shall  be  sold 
or  offered  for  sale  as  "  Grade  A  pasteurized  "  unjess  it 
conforms  to  the  following  requirements: 

The  dealer  selling  or  delivering  such  milk  or 
cream  must  hold  a  permit  from  the  local  health 
officer. 


506  Public  Health  Law 

All  cows  producing  such  milk  or  cream  must  be 
healthy  as  disclosed  by  an  annual  physical  exami- 
nation. 

Such  milk  or  cream  before  pasteurization  must 
not  contain  more  than  200,000  bacteria  per  cubic 
centimeter. 

Such  milk  must  not  at  any  time  after  pasteuriza- 
tion and  previous  to  delivery  to  the  consumer  con- 
tain more  than  50,000  bacteria  per  cubic  centi- 
meter, and  such  cream  not  more  than  150,000  bac- 
teria per  cubic  centimeter. 

Such  milk  and  cream  must  be  produced  on  farms 
which  are  duly  scored  on  the  score  card  prescribed 
by  the  state  commissioner  of  health  not  less  than 
twenty-five  per  cent,  for  equipment  and  not  less 
than  forty-three  per  cent,  for  methods. 

Such  milk  and  cream  must  be  delivered  within 
thirty-six  hours  after  pasteurization,  unless  a 
shorter  time  shall  be  prescribed  by  the  local  health 
authorities. 

Such  milk  and  cream  must  be  delivered  to  con- 
sumers only  in  containers  sealed  at  the  dairy. 
The  caps  or  tags  must  be  white  and  contain  the 
term  "  Grade  A  pasteurized  "  in  large  black  type. 

Grade  B  raw.  No  milk  or  cream  shall  be  sold  or 
offered  for  sale  as  "  Grade  B  raw  "  unless  it  conforms  to 
the  following  requirements: 

The  dealer  selling  or  delivering  such  milk  or 
cream  must  hold  a  permit  from  the  local  health 
officer. 

All  cows  producing  such  milk  or  cream  must  be 
healthy  as  disclosed  by  an  annual  physical  exami- 
nation. 

Such  milk  must  not  at  any  time  previous  to 
delivery  to  the  consumer  contain  more  than  200,000 
bacteria  per  cubic  centimeter,  and  such  cream  not 
more  than    750,000  bacteria   per  cubic   centimeter. 


The  Sanitary  Code  507 

Such  milk  and  cream  must  be  produced  on  farms 
which  are  duly  scored  on  the  score  card  prescribed 
by  the  state  commissioner  of  health  not  less  than 
twenty-three  per  cent,  for  equipment  and  not  less 
than  thirty-seven  per  cent,  for  methods. 

Such  milk  and  cream  must  be  delivered  within 
thirty-six  hours  from  the  time  of  milking,  unless 
a  shorter  time  shall  be  prescribed  by  the  local 
health  authorities. 

The  caps  or  tags  on  the  containers  must  be  white 
and  contain  the  term  "  Grade  B  raw "  in  large, 
bright  green  type,  and  the  name  of  the  dealer. 

Grade  B  pasteurized.  No  milk  or  cream  shall  be  sold 
or  offered  for  sale  as  "  Grade  B  pasteurized  "  unless  i' 
conforms  to  the  following  requirements: 

The  dealer  selling  or  delivering  such  milk  or 
cream  must  hold  a  permit  from  the  local  health 
officer. 

All  cows  producing  such  milk  or  cream  must  be 
healthy  as  disclosed  by  an  annual  physical  exam- 
ination. 

Such  milk  or  cream  before  pasteurization  must 
not  contain  more  than  1,500,000  bacteria  per  cubic 
centimeter. 

Such  milk  must  not  at  any  time  after  pasteuriza- 
tion and  previous  to  delivery  to  the  consumer  con- 
tain more  than  100,000  bacteria  per  cubic  centi- 
meter, and  such  cream  not  more  than  500,000 
bacteria  per  cubic  centimeter. 

Such  milk  and  cream  must  be  produced  on  farms 
which  are  duly  scored  on  the  score  card  prescribed 
by  the  state  commissioner  of  health  not  less  than 
twenty  per  cent,  for  equipment  and  not  less  than 
thirty-five  per  cent,  for  methods. 

Such  milk  must  be  delivered  within  thirty-six 
hours,    and   such   cream   within   forty-eight   hours 


508  Public  Health  Law 

after  pasteurization,  unless  a  shorter  time  is  pre- 
scribed by   the  local  health   authorities. 

The  caps  or  tags  on  the  containers  must  be  white 

and  contain  the  term  "  Grade  B  pasteurized "   in 

large,  bright  green  type,  and  the  name  of  the  dealer. 

The   provisions   of   this   subdivision   shall   take   effect 

throughout  the  state  of  New  York,  except  in  the  city 

of  New  York,  on  the  first  day  of  January,  1916.     (iSubd. 

am'd  March  4,   1915  and  Oct.  5,  1915.) 

Grade  C  raw.  No  milk  or  cream  shall  be  sold  or 
offered  for  sale  as  "  Grade  C  raw  "  unless  it  conforms 
to  the  following  requirements: 

The  dealer  selling  or  delivering  such  milk  oi 
cream  must  hold  a  permit  from  the  local  health 
officer. 

Such  milk  and  cream  must  be  produced  on  farms 
which  are  duly  scored  on  the  score  card  prescribed 
by  the  state  commissioner  of  health  not  less  than 
forty  per  cent. 

Such  milk  and  cream  must  be  delivered  within 
forty-eight  hours  from  the  time  of  milking,  unless 
a  shorter  time  shall  be  prescribed  by  the  local 
health  authorities. 

The  caps  or  tags  affixed  to  the  containers  must 
be  white  and  contain  the  term  "  Grade  C  raw  "  in 
large  red  type. 

Grade  C  pasteurized.  No  milk  or  cream  shall  be  sold 
or  offered  for  sale  as  "  Grade  C  pasteurized  "  unless  it 
conforms  to  the  following  requirements: 

The  dealer  selling  or  delivering  such  milk  or 
cream  must  hold  a  permit  from  the  local  health 
officer. 

Such  milk  and  cream  must  be  produced  on  farms 
which  are  duly  scored  on  the  score  card  prescribed 
by  the  state  commissioner  of  health  not  less  than 
forty   per   cent. 


The  Sanitary  Code  509 

Such  milk  and  cream  must  be  delivered  within 
forty-eight  hours  after  pasteurization,  unless  a 
shorter  time  shall  be  prescribed  by  the  local  healtn 
authorities. 

The  caps  or  tags  affixed  to  the  containers  must 
be  white  and  contain  the  term  "  Grade  C  pasteur- 
ized "  in  large  red  type. 

The  bacterial  count  herein  required  shall  be  made  only 
at  county  or  municipal  laboratories  or  such  other 
laboratories  as  may  be  approved  by  the  state  commis- 
sioner of  health. 

In  those  municipalities  where  a  bacterial  count  of 
the  milk  is,  in  the  opinion  of  the  local  health  author- 
ities, impracticable,  they  may  in  their  discretion  grade 
milk  and  cream  according  to  the  score  of  the  dairies 
producing  it,  as  prescribed  in  this  regulation,  but  no 
such  milk  shall  be  designated  "  certified,"  "  Grade  A 
raw,"  or  "  Grade  A  pasteurized." 

This  regulation  shall  not  be  construed  to  rescind  or 
modify  any  existing  local  regulation  or  ordinance  con- 
trolling the  grading  of  milk  or  cream  established  prior 
to  the  first  day  of  September,  1914. 

Regulation  14.  Supplementary  regulations  by  local 
authorities.  The  health  authorities  of  any  municipality 
may  in  their  discretion  increase  the  stringency  of  thest 
regulations  or  add  to  them  in  any  way  not  inconsistent 
with  the  provisions  thereof. 

Regulation  15.  When  to  take  effect.  Every  regula- 
tion in  this  chapter  unless  otherwise  specifically  stated 
shall  take  effect  throughout  the  state  of  New  York 
except  the  city  of  NeAV  York  on  the  sixteenth  day  of 
November,  1914. 


510  Public  Health  Law 

CHAPTER  IV 

(Adopted  June  16,  1914) 
Midwives 

Regulation  i.  License  and  registration  required  for 
the  practice  of  midwifery.  On  and  after  the  first  day 
of  January,  1915,  no  person,  other  than  a  duly  licensed 
and  registered  physician,  shall  practice  midwifery  or 
use  the  name  or  title  of  midwife  unless  such  person 
shall  be  duly  registered  as  a  midwife  with  the  local 
registrar  of  vital  statistics,  pursuant  to  the  provisions 
of  section  385  of  the  public  health  law,  as  amended  by 
chapter  619  of  the  laws  of  1913,  and  unless  such  person 
shall  have  received  a  license  to  practice  midwifery  from 
the  state  commissioner  of  health. 

Regulation  2.  Only  licensed  midwives  to  be  registered.- 
On  and  after  the  first  day  of  January,  1915,  no  person 
not  duly  licensed  as  a  midwife  shall  be  registered  as  a 
midwife  by  the  local  registrar  of  vital  statistics. 

Regulation  3.  Registration  required  after  issuance 
of  license  and  change  of  address.  On  and  after  the  first, 
day  of  January,  1915,  every  licensed  midwife  shall 
register  her  name  and  address  with  the  local  registrar 
of  vital  statistics  within  ten  days  after  the  issuance  of 
such  license  and  after  any  change  in  her  address. 

Regulation  4.  Application  for  license  required.  On 
and  after  the  first  day  of  January,  1915,  no  license  to 
practice  midwifery  shall  be  issued  unless  written  appli- 
cation, sworn  to  by  the  applicant,  has  been  made  there- 
for in  the  form  prescribed  by  the  state  commissioner  of 
health. 

Regulation  5.  Qualifications  required  of  applicant  for 
license   on   and   after  the  first   day  of  January,   1915. 


The  Sanitary  Code  51] 

On  and  after  the  first  day  of  January,  1915,  every  appli- 
cant for  a  license  to  practice  midwifery  must  possess 
the  following  qualifications: 

(a)  Be  not  less  than  twenty-one  years  of  age; 

(b)  Be  able  to  read  and  write,  provided  that 
in  cases  of  persons  of  foreign  birth  who  have  ex- 
tended experience  or  in  other  exceptional  circum- 
stances this  requirement  may  be  waived  by  the 
public  health   council; 

(c)  Be  clean  and  constantly  show  evidence,  in 
general  appearance,  of  habits  of  cleanliness; 

(d)  Either  — 

( 1 )  possess  a  diploma  from  a  recognized 
school  for  midwives;  or 

( 2 )  have  attended,  under  the  instruction 
of  a  duly  licensed  and  registered  physician, 
not  less  than  fifteen  cases  of  labor  and  have 
had  the  care  of  at  least  fifteen  mothers  and 
newborn  infants  during  lying-in  periods  of 
at  least  ten  days  each,  and  shall  present 
a  written  statement  from  said  physician  or 
physicians  that  she  has  received  such  instruc- 
tion in  said  fifteen  cases  with  the  name,  date 
and  address  of  each,  case,  and  that  she  is 
reasonably   skillful   and   competent,   and 

(e)  Present  other  evidence  satisfactory  to  the 
state  commissioner  of  health  of  her  qualifications 
and  of  good  moral  character,  vouched  for  by  two 
reputable  citizens. 

This  regulation  shall  take  effect  throughout  the  state 
of  New  York,  except  in  the  cities  of  New  York  and 
Rochester,  on  the  first  day  of  November,  1915.  (As 
am'd  Dec.  18,  1914;  Feb.  2,  1915,  and  Oct.  5,  1915.) 

Regulation  6.  Qualifications  required  of  applicant  for 
license  before  the  first  day  of  January,  191 5.  Until 
the   first   day   of   January,    1915,    any   woman   not   less 


512  Public  Health  Law 

than  twenty-one  years  of  age,  who  can  read  and  writo, 
who  is  registered  as  a  midwife  with  the  local  registrar 
of  vital  statistics,  and  whose  moral  character  is  vouched 
for  to  the  satisfaction  of  the  state  commissioner  of 
health  by  two  reputable  citizens,  one  of  whom  is  a 
minister  of  a  recognized  religion,  may  be  licensed  by 
said  commissioner   to  practice  midwifery. 

Regulation  7.  Register  of  licensed  midwives;  same 
to  be  presumptive  evidence  of  right  to  practice.  The 
state  commissioner  of  health  shall  cause  to  be  entered 
immediately  upon  a  register  kept  for  that  purpose,  the 
name  of  every  midwife  licensed  by  him.  The  presence 
or  absence  of  a  woman's  name  upon  said  register  shall 
be  taken  as  presumptive  evidence  for  or  against  her 
right  to  practice  midwifery. 

Regulation  8.  Length  of  term  of  license.  Unless 
revoked,  every  license  to  practice  midwifery  issued  by 
the  state  commissioner  of  health  on  or  after  the  first 
day  of  January,  1915,  shall  permit  the  holder  thereof 
to  practice  midwifery  for  one  year  from  the  date 
thereof. 

Regulation  9.  Revocation  of  license.  The  state  com- 
missioner of  health  may  revoke  a  license  to  practice 
midwifery,  for  cause,  after  having  given  the  midwife  an 
opportunity  to  be  heard. 

Regulation  10.  Midwives  forbidden  to  use  instru- 
ments, administer  or  prescribe  medicine,  or  to  treat 
disease.  A  duly  licensed  and  registered  midwife  may 
practice  midwifery  in  cases  of  normal  labor  and  in  no 
others.  No  midwife  shall  in  any  case  of  labor  use 
instruments  of  any  kind  nor  assist  labor  by  any  arti- 
ficial, forcible  or  mechanical  means  nor  perform  version 
nor  attempt  to  remove  adherent  placentae  nor  adminis- 
ter, prescribe,  advise  or  employ  any  poisonous  or  dan- 
gerous drug,  herb  or  medicine  nor  attempt  the  treatment 
of  disease  except  where  the  attendance  of  a  physician 
cannot    be    speedily    secured,    and,    in    such    cases,    the 


The  Sanitary  Code  513 

midwife  shall  secure  the  attendance  of  a  physician  as 
soon  as  possible. 

Regulation  n.  Supplementary  rules  and  regulations. 
The  practice  of  midwifery  shall  be  subject  to  such  rules 
and  regulations,  not  inconsistent  herewith,  as  may  be 
established  by  the  state  department  of  health. 

Regulation  12.  Date  of  taking  effect  and  territory 
where  effective  designated.  Every  regulation  in  this 
chapter,  unless  otherwise  specifically  stated,  shall  take 
effect  throughout  the  state  of  New  York,  except  in  the 
cities  of  New  York  and  Rochester,  on  the  sixteenth  day 
of  November,  1914. 

CHAPTER  V 

(Adopted  October  20,   1914) 
Labor  Camps 

Regulation  1.  Pollution  of  waters  prohibited.  All 
persons  living  in  the  open  or  in  camps,  tents,  or  other 
temporary  shelters  shall  exercise  every  proper  and 
reasonable  precaution  to  dispose  of  their  wastes  so  that 
springs,  lakes,  reservoirs,  streams  and  other  water- 
courses shall  not  be  polluted. 

Regulation  2.  Notice  of  labor  or  construction  camp 
to  be  occupied  by  five  or  more  persons  to  be  given 
health  officer.  Every  railroad  or  other  corporation,  con- 
tractor, lumberman  or  other  person  who  shall  establish, 
construct  or  maintain  any  labor  or  construction  camp 
to  be  occupied  by  five  or  more  persons,  and  the  person 
in  charge  of  any  temporary  living  quarters  on  wheels 
or  otherwise  that  shall  be  provided  for  five  or  more 
workmen,  shall  at  once  notify  the  health  officer  of  the 
town  or  village  in  which  the  camp  or  quarters  are  to 
be  located,  by  telephone,  telegraph  or  letter,  of  the  pres- 
ence and  location  of  such  quarters  or  camp. 

Regulation  3.     Health  officer  to  inspect  and  pass  on 
location  and  sanitary  conditions  of  camps.    It  shall  be 
17 


514  Public  Health  Law 

the  duty  of  each  health  officer  when  notified  of  the 
establishment  of  any  camp  with  temporary  buildings, 
on  wheels  or  otherwise,  in  his  jurisdiction  promptly  to 
inspect  and  determine  the  propriety  of  the  location  of 
the  camp  and  of  its  sanitary  conditions.  If  the  location 
or  manner  of  operation  of  the  camp  be  found  by  him 
to  be  detrimental  to  the  public  health  he  shall  cause  the 
camp  to  be  removed  or  the  manner  of  its  operation  to 
be  corrected. 

Regulation  4.  Permit  required  for  labor  or  construc- 
tion camp  to  be  occupied  by  more  than  ten  persons  for 
more  than  six  days.  No  railroad  or  other  corporation, 
contractor,  lumberman  or  other  person  shall  establish, 
construct  or  maintain  any  labor  or  construction  camp  to 
be  occupied  by  ten  or  more  persons  for  a  period  of 
more  than  six  days  without  a  permit  from  the  local 
health  officer. 

Whenever  any  such  camp  shall  be  vacated,  the  person 
in  charge  thereof  shall  forthwith  notify  the  local  health 
officer  and  surrender  to  him  the  permit  therefor. 

Regulation  5.  Application  required  for  permit.  Ap- 
plication for  such  permit  shall  be  made  in  writing  to 
the  local  health  officer. 

The  application  shall  state  the  exact  situation  of  the 
proposed  camp,  the  type  of  camp  to  be  established,  the 
approximate  number  of  persons  to  be  maintained,  the 
probable  duration  of  stay,  the  proposed  source  of  water 
supply  for  the  camp,  and  the  proposed  method  of  sew- 
age and  garbage  disposal. 

Regulation  6.  Conditions  of  issuance  of  permit; 
may  be  revoked.  If  the  local  health  officer  is  satisfied 
after  inspection  that  the  proposed  camp  will  not  be  a 
source  of  danger  to  the  health  of  others  or  to  its  in- 
mates, he  shall  issue  the  necessary  permit  in  writing  in 
a  form  to  be  prescribed  by  the  State  Commissioner  of 
Health. 

In  case  the  local  health  officer  declines  to  issue  the 


The  Sanitary  Code  515 

permit  an  appeal  may  be  taken  to  the  State  Commis- 
sioner of  Health,  who  may  grant  a  permit. 

Any  such  permit  may  be  revoked  for  cause  by  the  local 
health  officer  or  by  the  State  Commissioner  of  Health, 
after  a  hearing. 

Regulation  7.  Health  officer  to  be  notified  of  the 
name  of  the  person  responsible  for  sanitary  condition  of 
camp.  It  shall  be  the  duty  of  the  owner,  manager  or 
foreman  of  a  labor  or  construction  camp  occupied  by 
twenty  or  more  persons  to  detail  one  person  who  shall 
be  responsible  for  the  sanitary  condition  of  the  camp 
and  to  notify  the  local  health  officer  of  the  name  of 
such  person. 

Regulation  8.  Copy  of  this  chapter  to  be  posted. 
There  shall  be  furnished  by  the  health  officer  and  con- 
spicuously posted  in  every  camp  a  copy  of  this  present 
chapter  of  the  sanitary  code  or  of  such  parts  thereof  as 
may  be  considered  necessary  by  the  State  Commissioner 
of  Health. 

Regulation  9.  No  building,  tent  or  car  in  any  camp 
to  be  nearer  than  fifty  feet  of  water's  edge  of  public 
water  supply.  In  every  camp  or  temporary  quarters 
the  nearest  part  of  any  building,  tent,  car  or  shed  shall 
be  at  least  fifty  feet  in  a  horizontal  direction  from  the 
water's  edge  of  any  stream,  lake  or  reservoir,  except 
in  the  case  of  the  Hudson  river  below  the  city  of  Albany, 
the  waters  of  which  are  used  for  a  public  water  supply. 

Regulation  10.  Suitable  privy  or  other  toilet  facilities 
to  be  provided  and  used.  For  every  camp  there  shall 
be  provided  convenient  and  suitable  privy  or  other  toilet 
facilities  approved  by  the  local  health  officer,  which  the 
occupants  of  the  camp  shall  be  required  to  use  instead 
of  polluting  the  ground. 

Regulation  n.  Construction  of  privies  more  than  two 
hundred  feet  from  the  water's  edge.  If  such  privy  be 
more  than  two  hundred  feet  from  the  water's  edge  of 
any  spring,  stream,  lake  or  reservoir  forming  a  part  of 


516  Public  Health  Law 

a  public  or  private  water  supply,  it  shall  consist  of  a 
pit  at  least  two  feet  deep,  with  suitable  shelter  over  the 
same.  Xo  such  pit  shall  be  filled  with  excreta  to  nearer 
than  one  foot  from  the  surface  of  the  ground  and  the 
excreta  in  the  pit  shall  always  be  covered  with  earth  or 
ashes.  If  the  camp  is  to  be  occupied  for  more  than  six 
days  between  May  1  and  November  1  the  shelter  and  pit 
shall  be  enclosed  in  fly  netting. 

Regulation  12.  Construction  and  care  of  privies  lo- 
cated between  50  and  200  feet  from  the  water's  edge. 
If  such  privy  be  between  50  and  200  feet  from  the 
waters  of  a  spring,  stream,  lake  or  reservoir  forming 
part  of  a  public  or  private  water  supply,  there  shall 
be  no  pit,  but  the  excreta  shall  be  received  in  a  water- 
tight tub  or  bucket  and  periodically,  as  often  as  may  be 
found  necessary,  shall  be  taken  away  and  disposed  of. 
Such  privy  shall  be  properly  screened  against  flies  and 
kept  in  a  clean  and  sanitary  condition;  the  pails  or 
buckets  shall  not  be  allowed  to  fill  so  that  they  overflow 
or  spill  in  carrying,  and  the  construction  of  the  privy 
shall  be  such  that  the  convenient  removal  and  replace- 
ment of  the  tubs  or  buckets  is    facilitated. 

Regulation  13.  Disposal  of  wastes  from  privies.  Th« 
pails  or  buckets  used  in  privies  located  between  50  and 
200  feet  from  the  water's  edge,  as  referred  to  in  regula- 
tion 12,  shall  when  not  more  than  three-quarters  filled 
be  removed  from  the  privy  and  carried  at  least  200  feet 
from  the  water's  edge  and  the  contents  there  either 
burned  or  buried  in  a  trench  at  least  two  feet  deep  so 
that  when  buried  there  shall  be  at  least  one  foot  of 
earth  cover.  The  tubs  or  buckets  immediately  after 
being  emptied  shall  be  rinsed  out  with  a  suitable  disin- 
fectant as  particularly  prescribed  for  such  purposes  by 
the  special  rules  and  regulations  of  the  State  Depart- 
ment of  Health*  and  the  rinsing  fluid  shall  also  be 
emptied  into  the  trench. 

*  See  p.  451. 


/ 

The  Sanitary  Code  517 

Regulation  14.  Garbage  to  be  disposed  of  in  suitable 
manner.  All  garbage,  kitchen  wastes  and  other  rubbish 
in  camps  shall  be  deposited  in  suitable  covered  recep- 
tacles which  shall  be  emptied  daily  or  oftener  if  neces- 
sary, and  the  contents  burned,  buried  or  otherwise  dis- 
posed of  in  such  a  way  as  not  to  be  or  become  offensive 
or  insanitary. 

Regulation  15.  Water  rules  to  be  observed.  When- 
ever a  camp  is  established  on  the  banks  of  a  spring, 
lake,  reservoir,  stream  or  other  watercourse  which  is  a 
source  of  water  supply  protected  by  water  rules  formu- 
lated by  the  State  Commissioner  of  Health,  no  bathing 
or  washing  by  the  occupants  of  said  camp  shall  be 
allowed  in  said  springs,  lakes,  reservoirs,  streams  or 
other  watercourses,  and  all  said  water  rules  shall  be 
strictly  observed.  There  shall  be  furnished  by  the  local 
health  officer  and  conspicuously  posted  in  such  camp  a 
copy  of  said  rules  or  parts  thereof  as  may  be  considered 
necessary  by  the  State  Commissioner  of  Health. 

Regulation  16.  Location  and  drainage  of  stables  regu- 
lated. No  stable  or  other  shelter  for  animals  shall  be 
maintained  within  one  hundred  feet  of  any  living  quar- 
ters in  a  camp,  nor  within  one  hundred  and  fifty  feet 
of  any  kitchen  or  messroom  therein.  No  drainage  from 
such  stable  or  shelter  shall  be  permitted  to  empty  di- 
rectly into  any  spring,  lake,  reservoir,  stream  or  other 
watercourse  forming  part  of  a  public  or  private  water 
supply. 

Regulation  17.  Camps  to  be  kept  and  left  in  clean 
and  sanitary  condition.  All  tents,  cars,  and  buildings 
in,  and  the  grounds  surrounding  camps  shall  at  all 
times  be  kept  and  when  definitely  vacated  be  left  in  a 
clean  and  sanitary   condition. 

Regulation  18.  Person  in  charge  of  camp  to  report 
cases  of  disease  presumably  communicable.  It  shall 
be  the  duty  of  the  person   in  charge  of  any  labor  or 


518  Public  Health  Law 

other   camp  to   enforce  regulation  6   of   Chapter  II    of 
the  sanitary  code,  reading  as  follows: 

"  It  shall  be  the  duty  of  every  visiting  nurse 
and  public  health  nurse  and  of  the  person  in  charge 
of  any  labor  or  other  camp,  having  knowledge  of 
any  person  affected  with  any  disease  presumably 
communicable,  who  by  reason  of  the  danger  to 
others  seems  to  require  the  attention  of  the  public 
health  authorities  to  report  at  once  to  the  local 
health  officer,  within  whose  jurisdiction  such  case 
occurs,  all  facts  relating  to  the  illness  and  physical 
condition  of  such  affected  person." 

Regulation  19.  Isolation  of  cases  of  communicable 
disease;  cases  not  to  be  removed  without  permission  of 
health  officer.  Whenever  a  case  of  disease  presumably 
communicable  shall  occur  in  any  labor  or  construction 
camp  it  shall  be  the  duty  of  the  person  in  charge  of 
the  camp  immediately  to  isolate  the  case.  Such  isola- 
tion shall  be  maintained  in  a  manner  approved  by  the 
local  health  officer.  The  person  in  charge  of  the  camp 
shall  not  allow  the  case  to  leave  or  be  removed  from 
such  camp  without  the  permission  of  the  local  health 
officer. 

Regulation  20.  Duty  to  enforce  regulations  on  person 
in  charge.  It  shall  be  the  duty  of  the  superintendent, 
foreman  or  other  person  in  charge  of  a  camp  to  see  that 
all  regulations  of  this  chapter  are  faithfully  observed. 

Regulation  21.  Supplementary  rules  and  regulations. 
Labor  and  construction  camps  shall  be  subject  to  such 
special  and  supplementary  rules  and  regulations,  not 
inconsistent  herewith,  as  may  from  time  to  time  be 
made  by  the  State  Commissioner  of  Health. 

Regulation  22.  Date  of  taking  effect  and  territory 
where  effective  designated.  Every  regulation  in  this 
chapter  shall  take  effect  throughout  the  State  of  New 
York  except  in  cities  on  the  first  day  of  January,  1915. 


The  Sanitary  Code  519 


CHAPTER  VI 

(Adopted  December  18,  1914) 
Nuisances   Which  May  Affect   Life  and  Health 
Regulation  i.     Duty  of  health  officer     to  abate  nui- 
sance   likely    to    affect    health;    procedure;    when    and 
where  to  take  effect. 

§  1.  The  local  health  officer,  upon  receiving  a  com- 
plaint of  the  existence  within  his  jurisdiction  of  a 
nuisance  which  may  affect  health,  or  when  the  probable 
existence  of  any  such  nuisance  comes  to  his  attention, 
shall  make  an  immediate  and  thorough  investigation, 
and  if  such  nuisance  exists  he  shall  take  all  measures 
within  his  power  and  authority  to  secure  its  abate- 
ment. 

§  2.  The  health  officer  shall  within  five  days  of  the 
receipt  of  the  complaint  file  with  the  local  board  of 
health: 

(a)  the  complaint,  if  made  in  writing,  or,   if  not 

made  in  writing,  a  summary  thereof;  or, 
if  no  complaint  has  been  made,  a  statement 
of  the  facts,  and 

(b)  a  report  showing 

(i)    his   findings; 

(ii)   his   opinion   as   to   whether   or   not  the 
conditions  amount  to  a  nuisance  like- 
ly to  affect  health; 
(iii)    the  action,  if  any,  taken  by  him;   and 
(iv)   whether  such  nuisance  has  been  abated. 

§  3.  If  said  report  of  the  health  officer  states  that 
there  is  a  nuisance  likely  to  affect  health  which  has 
not  been  abated,  the  local  board  of  health  shall  convene 
promptly,  investigate  the  alleged  nuisance,  and  take 
the  necessary  steps  provided  by  law  for  its  abatement 
or   within    a   reasonable   time    from   the    filing    of    the 


520  Public  Health  Law 

health  officer's  report  enter  on  its  minutes  its  decision 
giving  its  reason  for  not  taking  action. 

§  4.  Within  forty-eight  hours  after  the  entry  of  such 
decision,  the  health  officer  shall  forward  a  copy  thereof 
to  the  state  commissioner  of  health,  together  with  the 
original  or  copies  of  the  papers  filed  by  him  with  the 
local  board,   as  required  in  subdivision  2  hereof. 

§  5.  If,  in  the  opinion  of  the  state  commissioner 
of  health,  the  conditions  complained  of  constitute 
a  nuisance  likely  to  affect  health  and  the  abatement 
or  removal  thereof  is  necessary  for  the  public  good 
and  for  the  protection  of  life  and  health,  the  said 
commissioner  may  by  notice  to  the  presiding  officer 
of  the  local  board  of  health  direct  him,  pursuant  to 
section  26  of  the  Public  Health  Law,  to  convene  such 
local  board  to  take  certain  definite  proceedings  con- 
cerning which  the  said  commissioner  is  satisfied  that 
the  action  recommended  by  him  is  necessary  for  the 
public  good  and  is  within  the  jurisdiction  of  such 
local  board  of  health. 

§  6.  Upon  the  receipt  of  such  notice  from  the  state 
commissioner  of  health,  the  presiding  officer  of  the  local 
board  of  health  shall  promptly  convene  such  local  board, 
which  shall  take  the  action  directed  by  the  said  com- 
missioner. 

§  7.  This  regulation  shall  take  effect  throughout  the 
state  of  New  York,  except  in  cities,  on  the  first  day  of 
March,  1915. 

CHAPTER  VII 

(Adopted  December  18,  1914) 

Miscellaneous 

Regulation  i.  Spitting  in  public  places  forbidden. 
Spitting  upon  the  floor  of  public  buildings  or  buildings 
used  for  public  assemblage,  or  upon  the  floors  or  plat- 
forms or  any  part  of  any  railroad  or  trolley  car  or 
ferry  boat,  or  any  other  public  conveyance,  is  forbidden. 


The  Sanitary  Code  521 

This  regulation  shall  take  effect  throughout  the  state 
of  New  York,  except  in  the  city  of  New  York,  on  the 
first  day  of  March,  1915. 

Regulation  2.  Common  towel  forbidden.  No  person, 
firm  or  corporation  owning,  in  charge  of,  or  in  control 
of  any  lavatory  or  wash  room  in  any  hotel,  lodging 
house,  restaurant,  factory,  store,  office  building,  rail- 
way or  trolley  station,  or  public  conveyance  by  land  or 
water  shall  provide  in  or  about  such  lavatory  or  wash 
room  any  towel  for  common  use.  The  term  "  common 
use "  in  this  regulation  shall  be  construed  to  mean, 
for  use  by  more  than  one  person  without  cleansing. 

This  regulation  shall  take  effect  throughout  the  state 
of  New  l^ork,  except  in  the  city  of  New  York,  on  the 
first  day  of  March,   1915. 

Regulation  3.  Common  drinking  cups  and  drinking 
and  eating  utensils  forbidden.  The  use  of  common 
drinking  cups,  and  of  common  drinking  or  eating  uten- 
sils in  any  public  place  or  public  institution,  except  in 
hospitals  for  the  insane,  or  in  any  hotel,  saloon,  lodging 
house,  theatre,  factory,  store,  school  or  public  hall;  or 
in  any  railway  or  trolley  car  or  ferry  boat;  or  in  any 
railway  or  trolley  station  or  ferry  house ;  or  the  furnish- 
ing of  any  such  common  drinking  cup  or  drinking  or 
eating  utensil  for  common  use  in  any  such  place  is 
prohibited. 

The  term  "  common  use  "  in  this  regulation  shall  be 
construed  to  mean,  for  use  by  more  than  one  person 
without  adequate  cleansing. 

This  regulation  shall  take  effect  throughout  the  state 
of  New  York,  except  in  the  city  of  New  York,  on  the 
first  day  of  May,   1915.      (As  am'd  March  4,  1915.) 

Regulation  4.  Barbers  and  barber  shops.  Every  bar- 
ber or  other  person  in  charge  of  any  barber  shop  shall 
keep  such  barber  shop  at  all  times  in  a  clean  and  sani- 
tary condition. 

No  person  shall  act  as  a  barber  who  is  affected  with 
a  venereal  disease  in  the  communicable  stage  or  with 


522  Public  Health  Law 

any  communicable  disease  enumerated  in  this  Code,  in 
an  acute  form,  or  with  any  communicable  disease  of 
the   skin. 

The  hands  of  the  barber  shall  be  washed  with  soap 
and  water  before  serving  each  customer. 

Brushes  and  combs  shall  frequently  be  cleansed  with 
soap  and  water. 

Shaving  mugs  and  brushes  shall  be  thoroughly  rinsed 
after  each  use  thereof. 

There  shall  be  a  separate  clean  towel  for  each  custo- 
mer. The  head  rest  shall  be  covered  by  a  clean  towel 
or  paper. 

Alum  or  other  material  used  to  stop  the  flow  of  blood 
shall  be  applied  in  powdered  or  liquid  form  only. 

After  the  handling  of  a  customer  affected  with  any 
eruption,  or  whose  skin  is  broken  out,  or  is  inflamed  or 
contains  pus,  the  hands  of  the  barber  shall  be  immedi- 
ately disinfected.  This  shall  be  done  by  thorough 
washing  with  soap  and  water,  followed  by  rinsing  in 
alcohol  (70  to  80  per  cent.)  or  in  a  solution  of  corrosive 
sublimate  (1  to  1,000),  or  by  the  use  of  some  equally 
efficient  disinfectant. 

The  instruments  used  for  a  customer  affected  with 
any  of  the  above  named  disorders  shall  be  made  safe 
immediately  after  such  use  by  washing  with  soap  and 
water  and  dipping  for  one  minute  in  a  ten  per  cent, 
solution  of  commercial  (40  per  cent.)  formalin;  or 
dipping  for  three  minutes  in  alcohol  (70  to  80  per 
cent. ) ,  or  by  use  of  some  equally  efficient  disinfectant. 

No  cup  or  brush  which  has  been  used  in  the  shaving 
of  a  customer  affected  with  any  of  the  above  infectious 
disorders  of  the  face  shall  be  used  for  another  customer 
unless  the  cup  shall  have  been  emptied  and  cleansed  by 
boiling  water  and  furnished  with  fresh  soap,  and  the 
brush  has  been  sterilized  by  a  three  minutes'  exposure 


The  Sanitary  Code  523 

to  alcohol  (70  to  80  per  cent.),  or  to  a  corrosive  sub- 
limate solution  (1  to  1,000),  or  by  the  use  of  some 
equally  efficient  disinfectant. 

This  regulation  shall  take  effect  throughout  the  state 
of  New  York,  except  in  the  city  of  New  York,  on  the 
first  day  of  March,  1915.     (As  am'd  February  2,  1915.) 

Regulation  5.  Manicures  and  chiropodists.  The  uten- 
sils and  instruments  employed  by  manicures  and  chi- 
ropodists in  pursuit  of  their  occupations  shall  be  kept 
in  a  clean  and  sanitary  condition. 

After  serving  customers  affected  with  a  visible  skin 
disease  the  hands  and  instruments  of  the  operators  shall 
be  immediately  cleansed  and  sterilized. 

This  regulation  shall  take  effect  throughout  the  state 
of  New  York,  except  in  the  city  of  New  York,  on  the 
first  day  of  March,  1915. 

Regulation  6.  Copies  of  regulations  4  and  5  to  be 
posted.  Every  barber  or  other  person  in  charge  of  any 
barber  shop  or  place  where  manicuring  or  chiropody  is 
done  shall  post  a  copy  of  regulations  4  and  5  of  this 
chapter  in  a  conspicuous  place  therein. 

This  regulation  shall  take  effect  on  the  first  day  of 
March,  1915,  throughout  the  state  of  New  York,  except 
in  the  city  of  New  York  and  in  such  cities  in  which 
the  posting  of  local  regulations  in  such  shops  or  places 
is  required  on  January  1,  1915. 

Regulation  7.  Local  health  officers  to  file  monthly 
reports  with  state  commissioner  of  health.  Local  health 
officers  shall  submit  monthly  reports  to  the  state  com- 
missioner of  health  on  forms  to  be  prescribed  by  him. 
The  first  report  shall  be  due  on  February  1,  1915. 

This  regulation  shall  take  effect  on  the  first  day  of 
of  New  York,  except  in  the  city  of  New  York,  on  the 
first  day  of  January,  1915. 

Regulation  8.  Local  health  officers  authorized  to  per- 
mit inspection  of  tuberculosis  registers  in  certain  cases. 
Local  health  officers  are  hereby  authorized  to  permit 
the   inspection  of   the  reports   of  cases   of  tuberculosis 


524  Public  Health  Law 

and  of  the  registers  mentioned  in  Section  322  of  the 
Public  Health  Law  by  any  duly  authorized  representa- 
tive of  an  organization  engaged  in  work  for  the  pre- 
vention of  tuberculosis,  who  has  been  approved  for  this 
purpose  by  the   state  commissioner  of  health. 

Local  health  officers  shall  keep  a  record  of  all  persons 
having  access  to  such  reports  or  registers,  stating  their 
names,  addresses,  and  official  positions  or  relations  to 
the   state  department  of  health   or  said  organizations. 

Such  persons  shall  not  publish  or  divulge  for  publica- 
tion or  communicate  to  any  other  person  the  identity  of 
the  persons  to  whom  such  reports  or  registers  relate. 

This  regulation  shall  take  effect  throughout  the  state 
of  New  York,  except  in  the  city  of  New  York,  on  the 
first  day  of  March,  1915.  (Regulation  added  Feb.  2, 
1915.) 

Regulation  9.  Transportation  of  dead  bodies  by  com- 
mon carriers.  The  transportation  of  dead  human  bodies 
by  common  carriers  shall  be  conducted  in  such  manner 
as  not  to  be  a  menace  to  health  and  the  manner  of 
transportation  shall  'be  subject  to  the  special  adminis- 
trative regulations  of  the  state  commissioner  of  health.* 

This  regulation  shall  take  effect  throughout  the  state 
of  New  York,  except  in  the  city  of  New  York,  on  the 
first  day  of  August,  1915.  ('Regulation  added  May  4, 
1915.) 

QUALIFICATIONS  ESTABLISHED  BY  THE  PUBLIC 
HEALTH  COUNCIL 

The  Public  Health  Council  has  duly  prescribed  the 
following  qualifications  for  Sanitary  Supervisors, 
Health  Officers,  Supervising  Public  Health  Nurses 
employed  by  the  State  Department  of  Health,  and 
Public  Health  Nurses: 

Sanitary  Supervisor: 

Resolved,    That   each    sanitary    supervisor    to    be 
appointed  pursuant  to  the  provisions  of  Section  4-a 

*  See  p.  443. 


The  Sanitary  Code  525 

of  the  Public  Health  Law,  as  amended  by  Chapter 
559  of  the  Laws  of  1913,  shall  possess  the  follow- 
ing qualifications: 

1.  He  shall  be  a  physician. 

2.  He  shall,  when  appointed,  be  not  less  than 
twenty-eight  nor  more  than  sixty  years  of  age. 

3.  He  shall  either  (a)  have  served  as  a 
health  officer  of  a  city,  town  or  village  having 
a  population  of  not  less  than  3,000  persons, 
for  a  period  of  at  least  four  years;  or  (b)  shall 
have  received  instruction  approved  by  the 
Public  Health  Council,  or  a  duly  authorized 
committee  thereof,  in  sanitary  science,  includ- 
ing five  hours'  instruction  per  week  during  the 
school  year,  in  an  educational  institution,  and 
shall  have  had  at  least  two  years'  experience  in 
public  health  work;  or  (c)  shall  have  received 
a  degree,  certificate  or  diploma  in  public  health 
granted  after  the  completion  of  a  course  ap- 
proved by  the  Public  Health  Council,  in  an 
educational  institution,  and  at  least  one  year's 
practical  experience  in  public  health  work;  or 
(d)     shall    have    submitted    proof    satisfactory 

to  the  Public  Health  Council,  or  a  duly  author- 
ized committee  thereof,  that  he  has  actively 
engaged  in  some  form  of  public  health  work 
for  a  period  of  at  least  two  years.  (Adopted 
Oct.  24.  1913.) 

Health  Officers: 

Resolved,  that  local  health  officers  appointed  after 
November  1,  1916,  shall  have  the  following '  qualifica- 
tions : 

I.  They  shall  be  graduates  of  medicine  of 
not  less  than  three  years'  standing; 
II.  They   shall  when   appointed  be   not  less 
than  twenty-four  nor  more  than  sixty- 
five  years  of  age; 


526  Public  Health  Law 

III.  They  shall  have  complied  with  one  of  the 
following  requirements : 
(a)  They  shall  have  taken  a  correspondence 
course  in  public  health  of  one  year 
with  at  least  one  week  of  practical 
demonstrations  in  laboratory  and  field 
work,  both  correspondence  course  and 
demonstrations,  to  be  approved  by  the 
Public  Health  Council,  with  examina- 
tions and  a  certificate; 

or  (b)  They  shall  have  taken  a  course  in  pub- 
lic health  of  at  least  six  weeks  includ- 
ing practical  laboratory  and  field  work 
with  lectures  and  reading  at  an  educa- 
tional institution,  such  course  to  be 
approved  by  the  Public  Health  Coun- 
cil, with  examinations  and  a  certifi- 
cate; 

or  (c)  They  shall  have  submitted  evidence  satis- 
factory to  the  Public  Health  Coun- 
cil of  special  training  or  practical 
experience  in  public  health  work,  with 
examination  if  required  by  the  Coun- 
cil; 

Provided,  however,  that  under  special  conditions  speci- 
fied in  writing  by  the  local  board  of  health  or  other 
appointing  power  or  by  the  health  officer,  any  of  these 
qualifications  may  be  waived  by  the  Public  Health 
Council.     (Adopted  July  6,  1915.) 

Supervising  Nurses: 

Resolved,  That  supervising  public  health  nurses 
employed  by  the  State  Department  of  Health  shall 
possess  the  following  qualifications: 

1.  They  shall  be  registered  nurses; 

2.  They  shall  submit  evidence,  satisfactory  to 
the    Public    Health    Council,    of    training    and 


The  Sanitary  Code  527 

experience  of  not  less  than  two  years  after 
graduation,  in  one  or  more  of  the  following 
lines  of  work: 

(a)  Maternity  work; 

(b)  Infant  welfare  work; 

(c)  Social  service; 

(d)  Tuberculosis  work; 

(e)  Care  of  communicable  diseases,  and 

(f)  School  nursing. 

3.  They  shall  be,  when  appointed,  not  less 
than  twenty-five  years  of  age.  (Adopted  April 
21,   1914.) 

Public  Health  Nurses: 

Resolved,  That  public  health  nurses  shall  possess 
the  following  qualifications: 

They  shall  be  registered  nurses  twenty-one 
years  of  age  at  the  time  of  their  appointment. 
(Adopted  April  21,  1914.) 


INDEX 

Page 

Acquisition    of    land     19 

Action  against  city   for  illegal   destruction  of  property     33 

for   violations,    by    commissioner   of   health 22,    72 

violations   of  water   supply   rules   and   regulations.     57 
Actions  by  municipalities  to  prevent   sewage   discharge    74 
in   court   maintained   by   local   board    of  health....     58 
proceedings    and    authority,    state    department    of 

health,    judicial     11 

Acts    of    intoxicated     physicians 409 

Administrative    rules     and     regulations: 

cleansing    and    disinfection 451 

cold    storage    445 

transportation  of  dead  bodies  by  common  carriers.  443 
Admission  of  patients  to  hospitals  for  tuberculosis.  307,  309 

to  examination,  practice  of  medicine 101 

Adulterations     406 

foods    and    drugs    48 

wines    53 

Agricultural    law,    extracts    from 267 

Almshouses,  removal  of  inmates 36 

tuberculosis    hospitals 311 

Analyses  made  on  request  of  health  officer  or  physician.     15 

Analysis  of  spirituous,  fermented  or  malt  liquors 51 

Animals,  certificate   of  appraisal 293 

communicable    diseases    of,    to   be   reported 284 

compensation  for   slaughter    (foot  and   mouth   dis- 
ease  or   anthrax)    295 

compensation  of  owners  of 293 

diseased,    appraisal   of    292 

post   mortem   examination   of 293 

regulating  importation  into  state,  etc 284 

suppression    of   communicable   disease   among 28S 

Annual   report,    commissioner    of   health 19 

sewer   commissioners,   village 442 

Annual    sanitary    survey,    local    health    officer 32 

Annulment    of   registry,    practice   of   medicine,    causes.  .   105 
Appointive    members,    public    health    council,    qualifica- 
tions           9 

Appointment,    certificate,    oath,    state   board    of   medical 

examiners   99 

commissioner    of   health    and    deputy 8 

health    officers    24 

local  boards  of  health 23 

[529] 


530  Index 

Page 
Apprentices,   drug   stores  and  pharmacies 152 

undertakers 187 

Approval   of   plans,   county   tuberculosis   hospitals 300 

school    buildings    , 337 

sewage    disposal    plants 68 

sewer    system,    town 418 

sewer    system,    village 434 

Ashes  and   garbage,   disposition  of,  certain  towns 429 

villages     ,. . .  .■ 432 

Assessment  for  construction  of  sewer  systems,  towns..  420 

villages     438 

Attendance   officers    for    schools 338 

Attorney-General,    approval    and    enforcement,    order    to 

discontinue    pollution     67 

enforcement   of  vital   statistics   law 260 

Autopsies,    regulation   and    control 16 

Baptismal  certificate,   employment   of  children 376 

Bathing    establishments,    sanitary    condition    of 190 

Beds  and  ventilation,  in  institutions 204 

Birth   certificates,   attested,   employment   of  children....   376 

certified,   evidence   of  age 260 

information    required     256 

Births,    registration    255 

supplemental   report  of  given  name 257 

Births  and  deaths,  certified  copies  of  records 262 

health  officer  to  secure  prompt  and  full  registration.    33 

registration     246 

Board   of   embalming   examiners 184 

Board    of   examiners    for   nurses,    appointment 172 

Board   of  managers,   county   tuberculosis   hospital 301 

Board   of   sewer   commissioners,   village,   may   establish, 

extend    and   maintain    sewer    system 434 

Board     of      supervisors,      power     to      establish     county 

tuberculosis   hospital    298 

Board    of   trustees,   meetings    of 431 

Bodies,   interred,   record   by   local  registrar 250 

from  institutions,   retained  for  relatives 205 

Bovine  tuberculosis,   branding,   etc 281 

Boylan    I^aw,    see    habit-forming    drugs. 

Buildings,    cleanliness,    mercantile    establishments 383 

damages   for   removal 61 

Bureau     of     veterinary     service,     Department     of     Agri- 
culture      290 

Burial    permit,    duties    of   registrar 261 

interment   within    State 254 


Index  531 

Burial    permit  —  continued  Page 

required 24.9,  254 

subregistrar    may   issue 248 

undertaker   to   obtain 253 

Business  and  manufacture,  certain  kinds   prohibited  in 

cities,  exceptions    47 

Business    Law,    illuminating:    oils,    tests 345 

Butter,     defined     267 

Cadavers     205 

in    certain    counties 207 

Camps,  in  towns,  for  pulmonary   tuberculosis 210 

Canal  ice,  to  be  marked 406 

Canals,    overflow    of    water    from 17 

Cancer,   State  institute  for   study  of  malignant  disease.  237 

Carriers   of  typhoid   fever,    care   and   maintenance 46 

Carriers    of    typhoid,    diphtheria    or    other    infectious 

disease,    commitment    217 

Cemeteries,    regulating    interments    in 254 

third    class    cities,    interments    in 34 

Certificate  of  birth,  see  birth  certificates. 
of  death,  see  death  certificates, 
of    examination    and    quarantine,    to    be    filed    with 

commitment    papers    of    children 203 

Certified    milk,    sale    regulated 270 

Chemicals,    careless    distribution   of 406 

Child,    supplemental   report    of    given    name 257 

unlawfully   omitting  to  provide  for 390 

Children    employment,    distributing    newspapers 374 

employment    certificate    376 

employment  in  mercantile  establishments 372,  376 

in   basements    38S 

examination   and   quarantine,  institutions 202 

in   factories,    physical   examination    of 369 

neglect  to  report  reddened  or  inflamed  eyes 390 

Chiropody     174 

Cholera,  cities  of  first  class,  to  be  reported 35 

Cities,  certain  kinds   of  business  prohibited 47 

commissioner  of  public  safety  and  police  authorities 

to  obey  regulations  in  the  matter  of  rabies 288 

local   boards   of  health 23 

first      class,     health     officials     to     report     certain 

diseases    , 35 

City  board  of  health,  appointment  of  member  in  exam- 
ination   of    nuisance IS 

City   clerks,  to  issue  marriage  licenses 328 

duty  in  the  matter  of  marriage  licenses 329 

records  of  marriages  to  be  kept  by 332 


532  Index 

Page 

City  of  New  York,  protection  of  water  supply 56 

Civil    penalty     21 

Cleansing    and    disinfection,    special    rules    and    regula- 
tions      451 

after    tuberculosis    214 

Cocaine,  or  eueaine,  regulating  sale  or  possession 396 

Cold   storage,   commissioner   of  health  may  adopt  rules 

and  regulations   and  appoint  inspectors 229 

definitions     225 

fee,   license    226 

food   to   be  apparently   pure   and   wholesome  when 

offered    for    storage 225 

food    to    be   condemned 229 

food   to  be   marked . 225 

food  not  to  be  returned  to  storage 230 

food  not  to  be  sold  without  representing  said  fact.  230 

license  to  be  secured 226 

regulations,    Department   Foods   and   Markets 473 

rules    and    regulations 445 

time  food  may  be  kept  in  storage 227 

transfers  from  one  warehouse  to  another 230 

violations     230 

warehousemen's    reports    229 

Commission  to  negotiate  transfer  of  Quarantine  Station 

to   United    States 80 

Commissioner    of    Agriculture,    to    condemn    insanitary 

cans   and   receptacles 278 

rules  and  regulations,  diseases  domestic  animals..  288 

penalty  for  violation 290 

Commissioner    of    Health 8 

acquisition    of    land 19 

action,  violations  rules  for  protection  water  supply.    58 

actions    for    violations 72 

adulterations,   foods   and    drugs,    duties 50 

report  to    district   attorney 55 

analyses,    water    supplies,    state  institutions 20 

analysis,   spirituous,  fermented  or  malt  liquors 51 

annual  inspection  state  institutions 20 

annual   report    19 

appoint    deputy    commissioner 8 

directors   of   divisions 12 

embalming   examiners    186 

inspectors     233 

public   health   nurses 13 

sanitary    supervisors    13 


Index  533 

Commissioner  of  Health  —  continued  Page 

appointment    8 

approve  federal  order  blank,  habit  forming  drugs..  167 

regulation     >, 170 

form     of     report,     procedure     and     precautions, 

tuberculosis     220 

maps  and  plans  village  sewer  system 434 

plans  for  state  institutions 20 

county    tuberculosis    hospital \ 298 

additions,  alterations,  improvements 300 

questions  for  embalming  examinations 185 

removal  local  health  officer 24 

rules    and    regulations,    transportation    of    the 

dead    185 

vaccine    virus    199 

audit  statement  of  expenses  for  relief  of  indigent 

Indians  during  epidemic 46 

of  carriers   of  disease 47 

authority  to  investigate  irregularities  or  violations 

of  vital  statistics  law 266 

autopsies,    regulation    and    control 16 

certify   to  municipality   amount  due  registrar 262 

cold   storage,   license,   inspection 226 

may  seize  and  condemn  food   229 

powers    227 

reports   of  warehousemen 229 

rules  and  regulations  445 

condemnation  proceedings   19 

consent  required,  establish  tuberculosis  hospital  or 

camp    210 

consolidate  health   districts 24 

convene  local  board  of  health  for  public  good 37 

county  tuberculosis  hospital,  approve  plans 300 

duties  in  respect  to  adulterations,  foods  and  drugs.    50 

hospitals  for  contagious   diseases . ..     15 

laboratories 15 

employment    of   experts 18 

public    health    nurses 14 

enforcement,    tenement   law,    cities 20 

vital    statistics    law 246 

establish   laboratories    15 

sanitary    districts     13 

examination   into    nuisances 16 

to  determine  whether  sewage  pollution  exists..     75 

examinations    and    analyses 15 

and    surveys    13 


534  Index 

Commissioner   of  Health  —  continued  Page 

fees,    vital    statistics 262 

food,    preparation   and   service 232 

full    power    21 

furnish    tuberculosis    statement   and    report   blanks 

for   all    physicians 220 

blanks,  forms  and  instructions  for  registration 

of    births    and    deaths 259 

record  books  for  registrars  of  vital  statistics..  261 

general   powers  and   duties 12 

hospitals  for  contagious  diseases,  duties 15 

for  tuberculosis,  approve  site 211 

Indians,  relief  of,  in  case  of  epidemic 45 

inform     registrars     diseases     considered     communi- 
cable, etc   260 

inspection,  county  tuberculosis  hospital 311 

public   places   where  food   is    prepared,    served 

or    sold    232 

schools,  commissioner  of  education  to  consult. .  342 

shellfish   grounds    296 

state    institutions 20 

water  supplies 57 

investigations  ordered  by  governor 17 

jurisdiction  over  lands  for  sanitary  purposes 13 

laboratories,   establishment    15 

land,    acquisition    19 

local  health  officer,  failure  municipality  to  appoint.    19 
board,    notice    to    convene    to    take    action    for 

public    good    37 

mandamus     47 

maps  and  plans,  sewer  system,  village,  approval..  434 
may  request  attorney  general  to  assist  in  enforce- 
ment   vital    statistics    law 266 

member    public    health    council 9 

member    board     of    trustees,     State    Institute    for 

Study  of  Malignant  Disease 237 

notified,  membership,  and  organization,  local  board 

of    health    24 

violations    of  water  rules 58 

nuisances,  examination  into 16 

order  discontinuance  water  pollution 66 

local  board  to  convene  to  enforce  obedience  to 

water   rules    58 

overflow   of  water  from  •  canals 17 

Pasteur   Institute,    open   to  inspection   by 231 

petition  for  establishment  tuberculosis  hospital 210 


Index  535 

Commissioner  of  Health  —  continued  Page 

permit  for  sewage  discharge 65,    68 

to     discharge     refuse    or    waste    matter    from 

industrial   establishments    68 

plans,   county   tuberculosis   hospital 300 

state   institutions    '.     20 

refuse    discharge    pipes 69 

removal   or   disposal   of  sewage 74 

sewage  discharge  and  disposal  plants 68 

power,   where   local   board   fails   to   appoint   health 

officer    19 

powers  and  duties,  general 12 

exception  city  of  New  York 12 

prescribed  form,   burial  or   removal   permit 254 

prescribed    methods   of   making   ear   and    eye   tests 

in    schools     342 

tests   for   illuminating   oils 345 

prescribe     and     prepare     necessary     methods     and 

forms    for    recording    autopsies 16 

public    health    nurses,    appointment 14 

public  works,  examination  and  inspection 18 

qualifications     8 

recommend    for    license    by    board    of    embalming 

examiners     187 

regulation,  approving  federal  order  blanks,  drugs.  170 

regulation  and  control  of  autopsies 16 

regulations  of  public  health  council  to  be  sent  to 

health  officers   10 

removal   of  local   health    officer 24 

report  to  district  attorney,  adulterations,  food  and 

drugs     55 

violations  of  vital  statistics  law 265 

reverse  or  modify  order,  local  board  of  health....     13 

revocation    permit,    sewage    discharge 70 

rules  and   regulations,  cleansing  and   disinfection..  451 
cold    storage   and    refrigerating    warehouses. ...  445 

transportation    of    dead 443 

protection    potable    water    supplies 56 

salary     U 

samples   of  liquoirs   to   be   furnished 52 

sanitary   districts,   establishment 13 

supervisors,    appointment    13 

qualifications     522 

service  of  notice  for  violations 72 

sewerage    60 

shellfish   grounds,    inspection 296 


536  Index 

Commissioner   of  Health  —  continued  Page 

state    institutions,    inspection 20 

water   supply,   analyses 20 

subpoenas,    issued    by 13,  227 

tenement  house  law,  enforcement 20 

term  of  office 8 

tuberculosis    hospital    or    camp,    approval    of    site, 

town     210 

statement     and     report     blanks     furnished     all 

physicians   220 

vaccination    reports    199 

vital  records,  furnish  certified  copies 262 

statistics,    blanks    and   forms   furnished 259 

enforcement  of  provisions 265 

preserve    records    260 

water   supplies,   state  institutions,  analyses 20 

see  also  state  department  of  health. 
Commissioner  of  Labor,  may  call  upon  state  and  local 

boards    of   health 363 

Commissioner  Water   Supply,  Gas  and  Electricity,  New 

York   city    56,     60 

Commitment,    dangerous    and    careless    patients 217 

dangerous    insane    persons 360 

habitual    drug    users,    procedure 168 

inebriates     389 

insane,    temporary     352 

compensation  and  expenses,  health  officer 363 

duties  of  health  officer  355 

state  commission  to  advise  local  health  officer.. 350 
Communicable   disease,  control  of  dangerous  and  care- 
less   patients    217 

duty  of  local  health  officer 232 

exposing  persons  affected  with  408 

see    also    infectious    and    contagious    diseases    and 
chapter  II  sanitary  code. 

Communicable    diseases   of   domestic   animals I'M 

regulations   by    Commissioner  of  Agriculture 288 

fines  and   penalties 290 

Compensation,    animals    slaughtered 295 

and  expenses,  local  health  officers 29,353 

officers  and  employees,  state  department  of  health..     11 

public   health   council 9 

Compulsory     school     attendance 344 

penalty    for    noncompliance 344 

Condemnation,   food,   cold   storage 229 


Index  537 

Page 
Condemnation    proceedings    19 

property,   local   board   of  health,   villages 32 

for   sewer   systems,   villages 437 

towns     419 

for   tuberculosis   hospital,    county 299 

Confectionery,    adulterations    48 

Conferences,  health  officer  to  attend 32 

Conservation    commission,    approve    plans    for     sewage 

disposal     297 

Conservation  law,   river   improvement 297 

sewage  disposal  as  affecting  potable  waters 297 

shellfish    grounds,    inspection 296 

Consolidated    health    district 24 

Construction,   sewer   systems,   villages,   expenses 440 

Contagious  disease,  person  affected,  in  public  place....   408 

public   schools    340 

Contract  for  construction  sewer   systems,  villages 437 

with  other  municipalities,  sewers 441 

Coroners    inquest     252 

Corpse,  see  cadaver. 

Council,  public  health,  see  public  health   council. 

County  clerk,  marriage  records  to  be  kept  by 333 

distribute    books    and    forms 333 

proof  of  publication   of  water  rules 56 

record  of  permit  to  discharge  refuse  and  wastes....     68 

to  discharge  sewage  67 

register    of    chiropodists 180 

resolution    condemning    property    for    tuberculosis 

hospital     299 

County    hospitals,    tuberculosis,    admission    of    patients 

from  county   in  which  hospital  is  located 307 

from   county  not  having  hospital 309 

at    almshouses     311 

board   of  managers,   appointment 301 

powers   and    duties 302 

establishment    298 

maintenance    of    patients    from    county    in    which 

hospital    is    located 308 

from  county  not  having  hospital 310 

plans  approved  by  commissioner  of  health 300 

superintendent,   powers  and  duties *305 

visitation    and    inspection 311 

County    Law,    extracts    from 298 

superintendent    of    poor,    may    remove    inmates    of 
almshouse    36 


538  Index 

Page 
County    tuberculosis    hospitals,    see    county    hospitals, 
tuberculosis 

Cow,  keeping   in  crowded  or  unhealthy  places 389 

Cows,  care  and  feed,  and  keeping  of  produce  from 260 

Damages,  action  against  city,  village  or  town 32 

removal  of  buildings 59 

Dead,   transportation   of,   rules  and  regulations 443 

approved    by    department 184 

Death,    causes,    strictly    defined 250 

certificate,    information    required 250 

regi  stration     246 

stillbirth    registered    as 249 

without   medical   attendance,   registration 252 

Defective    registration,    correction 248 

Definition,  adulterated  milk 267 

adulterations,   foods   and   drugs 48 

butter,    cheese,   etc 267 

cold    storage    446 

warehouse   or    refrigerating    warehouse 446 

food     48,  225 

drug    48 

half  wine  and  made  wine 54 

municipality     24 

nuisance     233 

pure    wine    53 

sewage   67 

Dentistry,    practice    of 113 

Department  of  health,  see   commissioner  of  health. 

Deputy    commissioner    of    health 8 

authorized  to  hold  hearing  on  tuberculosis  hospital 

site    210 

salary    11 

Deputy    registrar,    vital    statistics 248 

Detention,    insane    persons 350 

Diphtheria  control  of  dangerous  and  careless  patients, 

commitment     , 217 

Directors,   divisions,   state  department  of  health. 12 

qualifications    10 

Discharge  of  sewage  into  certain  waters  prohibited 64 

into    Susquehanna    river    prohibited 64 

into    Wallkill    creek    prohibited 64 

penalties   .   %   73 

revocation    of    permit 70 

Diseased  animals   destroyed,   compensation   of  owners..  293 

Disinfection   of   premises 214 


Index  539 

Page 

District  Attorney,  charged  with  enforcement  statute 
requiring  iron  stairways  on  outside  of  hospital 
buildings     223 

proceedings,   adulteration   of  drugs 55 

violations  of  vital  statistics  law 265 

Divisions,    state   department  of  health 12 

Docks    and    wharves,    quarantine 77 

Documentary    evidence,    employment    of    children 100 

Domestic  animals,   communicable  diseases   of 284 

Domestic    relations    law,    see    marriages. 

Dormitories ;    beds,    ventilation 204 

Drainage,   removal   mosquito    breeding    places 37 

law,    extract    from 335 

Dressing    rooms,    mercantile    establishments 384 

Drinking    water,    mercantile    establishments 383 

Drug,     denned     48 

Druggist,   registration   fee 152 

requirements   for   examination 148 

Drugs,    adulteration     48,  155 

habit-forming 163 

labeling    poisons    156 

misbranding   and    substituting 155 

omitting  to  label,  or  labeling  wrongly 394 

samples    to    be   furnished 52 

Drug   stores,   or   pharmacies *. 150 

apprentices    and    employees 152 

sleeping    apartments,    rules    of    local    board    of 

health     153 

working    hours     153 

Drug    users,    habitual,    commitment , 168 

Duties,   commissioner   of  health,  general 12 

deputy    commissioner    of    health 8 

local   board    of   health 28 

local  health  officer  32 

see  also  health   officer,   duties. 

public  health  council   9,  10 

nurses 34 

sanitary    supervisors    13 

undertakers   253,  254 

Ear  and  eye  tests,  pupils  of  public  schools 342 

Education    law,    compulsory    school    attendance 344 

penalty  for  noncompliance   344 

contagious    disease   in    public   schools 342 

ear  and  eye  tests,   pupils  in  public   schools 342 

enforcement 343 


540  Index 

Education  law  —  continued  Page 

health    certificate,    pupils    public    schools 340 

return    after    illness    342 

medical    inspection,    pupils   of   public    schools 341 

inspectors,    employment     339 

school  authorities,  duties  as  to  enforcement 336 

state  medical  inspector  of   schools 343 

Embalming,    commissioner    of    health    to    approve    rules 

board    184 

examination    questions     185 

examiners,    appointment    185 

recommend    for    license    187 

records    of   examination    186 

time  and  place  of  examination 185 

Embalming:    and    undertaking;,    practice    of 183 

illegal  practice  of    409 

Eminent    domain    18 

Employees,   state  department  of  health,  compensation.  .  11 

working    hours,    sleeping    apartments 154 

Employer,    report    apparent    cases    of    tuberculosis    to 

health     officer     213 

Employment    certificate,    contents     368,  379 

how  issued   376 

minors 364 

Employment    certificates. 

local  board  of  health  to  be  advised  of  revocation..  369 
record     to     be     transmitted     to     commissioner     of 

labor    369,380 

school    record,    contents    379 

to   be  furnished    36S 

Employment   of  children,   see  labor   law. 

Employment  of  local  boards  of  health  and  experts     . .  18 

minors  in  factories    364 

public   health    nurses    14,  34 

women    and    children,    mercantile    establishments..  372 

in    basement     388 

Establishment  hospital  for   contagious   diseases 15 

for  tuberculosis,  in  a  town 210 

laboratories 15 

Eucaine,     sale     396 

Evaporated   or   condensed   milk,   regulations 273 

Examination,     monthly,     inmates,    reports 203 

of    sputum      214 

and   inspections  of  public  works 18 

and    quarantine,    children   admitted    to   institutions.  203 

into   epidemics   among   Indians 43 


Index  541 

Examination  —  continued  Page 

into   nuisances,   by   commissioner 16 

by    experts     18 

of    water    pollution,    state    department    of    health..     74 

requirements,    dentistry     117 

druggist   148 

pharmacists         147 

questions,    board    of    embalming    examiners 185 

chiropody,    prepared   by    medical    examiners 174 

Examinations,      admission,      veterinary      medicine     and 

surgery    134 

and   analyses,   state   department  of  health 15 

and   surveys,   by   commissioner   of  health 13 

board    of    embalming    examiners 185 

optometry    192 

physical,   of  children  in  factories 369 

practice    medicine,    admission    101 

registered    nurses    152 

waiver    173 

state   board    of   pharmacy    147 

Expense    of    abatement    of    nuisance 16,     41 

a   lien   upon   premises 42 

of   removal    of   mosquito   breeding   places 38 

of  seizure  of  adulterated  wine,  county  charge 53 

of  publication  of  water  rules 57 

Expenses,    commissioner    and    deputy    commissioner. ...     11 

consolidated    health    district 26 

dangerous  and  careless   patients,   care  and  mainte- 
nance     217 

disease    carriers,    care    and    maintenance 46 

disinfection,  cleansing  or  renovation  after  tubercu- 
losis      215 

employment   medical    school    inspectors 339 

examination  by  state  department  to  determine  sew- 

aga    pollution    74 

incurred  by  commissioner  in  correction  of  defective 

registration 248 

when    local    board    of    health    fails    to    appoint 

health   officer    19 

local    board    of    health 45 

health    officer    in    attending    conferences 34 

in  care  of  insane 353 

in  smallpox  cases   29 

Pasteur    treatment     231 

public    health    council 9 

relief   of   indigent   Indians  in  case   of    epidemic 45 


542  Ixdex 

Expenses  —  continued  Page 

sewers    in    villages 31 

typhoid    carriers,    care    and    maintenance 46 

Experts,  employment  by  commissioner  of  health....  18 
Exposing  person  affected  with  contagious  disease. . . .  408 
False  or  assumed  name,  practice  of  medicine  under. .     Ill 

Fat    tests,    composite    samples    of    milk 270 

Federal   order   blanks,   habit-forming    drugs,   regulation 

approving    170 

Fee,    certified    copy    of   record 262 

chiropodist 174 

filing,    with    delayed    certificate 262 

license    to    operate    cold    storage    or    refrigerating 

warehouse    226 

prohibited,    burial    or    removal    permits 249 

registration    physicians,    midwives    and    under- 
takers     258 

undertaker   187 

Fees,   for   reporting   births  and   deaths 262 

communicable    diseases     35 

registered    nurses    172 

sewer    commissioners,    town,    appointed    by    county 

court 423 

village,   appointed   by   county   court 440 

Filing,  with  board  of  health,  3rd  class  city,  resolution 

regulating    interments    in    cemeteries 34 

with  commitment  papers,  certificate  of  examination 

of    child    admitted    to    institution 202 

with  coroner,  copy  of  record  of  autopsy 16 

with  county  clerk,  proof  of  publication,  water  rules    57 
record   permit  to   discharge  refuse   or  wastes..     69 

to    discharge    sewage    68 

resolution     condemning     property     for     county 

tuberculosis    hospital    site    299 

with  examination  papers,  report  of  effect  of  opera- 
tion  for  prevention    of  procreation 242 

with  secretary  of  state,  regulations  of  sanitary  code    10 
regulations  and  declarations  regarding  adultera- 
tions      50 

report  of   examination   of   nuisance 16 

Filing,    with   state   commissioner   of   health: 

maps  and  plans,  sewer  systems 418,  434 

petition    for    hearing    on    tuberculosis    hospital    site  210 

report  of  sewage  discharge,  evidence  of  exemption..     70 

of   discharge   of   refuse  or  wastes,   evidence  of 

exemption   71 

report    to   secure   exemption,    discharge  of   sewage, 
etc 64 


Index  543 

Filing:  —  continued                                                                    Page 
request  that  petition  for  approval  tuberculosis  hos- 
pital   site    be    referred    to    board 212 

transcript    of   autopsy    record    16 

with    state    commissioner    of    labor,    results    of 

physical    examination    of    minors 370 

with    town    clerk : 

•annual  statement,  sewer  commissioners 425 

appeal   from    apportionment 422 

apportionment    of    assessment    for    sewer    construc- 
tion       *    421 

for  maintenance  sewer  system 423 

contract   for    sewer    construction 419 

map    and    plan,    sewer    district, '  or    extension 420 

sewer   system,    amended    418 

official   undertaking,    sewer   commissioners 418 

petition,    sewer    system    414 

reapportionment,  assessment  for  sewer  construction  423 
report  of  sewer  commissioners  regarding  improve- 
ments       428 

Filing,  with  village  clerk: 

annual    report    sewer    commissioners. 442 

appeal   from   apportionment    439 

apportionment    of   assessment    438 

map  and  plan,  sewer  system 435 

assessments 438 

Fines  and  penalties,  violations  regulations   of   Commis- 
sioner   of    Agriculture 290 

Fire  escapes,  for  hospitals 223 

Food,    adulterations    48 

cold    storage,    condemnation 229 

marked 225 

penalties 230 

return   after  release   prohibited    230 

sale  prohibited,  unless  so  represented 230 

time   kept   in    storage 227 

to    be    apparently    pure    and    wholesome    when 

received   for    storage    225 

transfer    prohibited     230 

defined    48 

disposing  of  tainted   407 

preparation    and    service 232 

penalties    233 

powers    of   commissioner    of   health 232 

wilfully    poisoning    4fl£ 


544  Index 

Page 

Foods  and  drugs,  adulterations  denned 48 

reports    of   violations    55 

samples    to    be   furnished    52 

Gas    tar    or    refuse    in    public    waters 408 

General   business   law,   extracts    from 193 

Given  name,  supplemental  report 257 

Governor,    approve    publication    list    of    articles    exempt 

from    provisions    as    to    adulterations 50 

may  require  examination  into  nuisances 17 

may      require     examination      regarding      tenement 

houses,  cities   20 

Grocery  or  provision   stores,  working  hours  and   sleep- 
ing   apartments,    male   employees    (1st   class    cities)..  154 

Habit-forming     drugs     163,  171 

certificates   165 

commissioner  may   approve  federal   order   blanks..  167 

commitment,   procedure,   discharge   168 

exceptions,   sale    163 

filling   orders    164 

hypodermic    syringe,     needle 167 

labeling    165 

licenses    revoked,    for    addicted    use   by    physicians, 

etc 169 

order   blanks      166 

penalties   170 

physician   to  keep    records 167 

prescriptions,    information    required    164 

prescriptions,    filled    but    once 165 

issued     only     after     physical     examination     of 

patient 164 

proprietary   remedies  and  liniments  excepted 163 

regulation  approving  federal   order  blanks 170 

sale    prohibited    163 

Half  wine,   defined 54 

packages,  how  stamped  and  labeled 54 

Health    certificate,    pupils    of   public    schools 340 

Health   law,   and    sanitary   code,   enforcement  by   health 

officers 33 

Health    laws,    wilful    violation 394 

penalty   396 

Health    officer,    appointment 23 

authority   to   cause   all   reported   cases   tuberculosis 

to  be  visited   by  nurse   221 

employ    necessary    persons   to    carry   into   effect 

orders  of  board 30 

employ    public    health    nurses    34 


Index  545 

Health   officer  —  continued  Page 

commissioner   of   health   to   act,   where   board   fails 

to    appoint     19 

compensation  and  expenses    29 

in  care  of  insane   353 

in    smallpox     29 

consent  required  for  establishment  tuberculosis  hos- 
pital  or  camp    210 

copy  of  determination  of  board  on  tuberculosis  hos- 
pital site   212 

duties    32 

annual    sanitary    survey    32 

ascertain  whether  tuberculosis  cases  have  been 

reported  213 

Health    officer,    duties    prescribed   by    board 28 

attend    conferences     33 

adulterated    wines,    seize    and    destroy 53 

direct    disinfection,    cleansing    or    renovation    after 

case    of    tuberculosis 215 

enforce     provisions     of     public     health     and     sani- 
tary   code    33 

furnish     physicians     with     requisition     blanks     for 

tuberculosis  supplies    221 

guard    against    introduction    of    communicable    dis- 
eases       35 

in   regard    to   insane    355 

investigate  cause  of  death  occurring  without  medi- 
cal    attendance     252 

complaint,     dangerous    or    careless    patient    or 

carrier 217 

issue   order   for   fee   to   physician   reporting    tuber- 
culosis     220 

keep  tuberculosis  register   214 

maintain     continuous     sanitary     supervision     over 

district 32 

perform     duties    imposed    upon     physicians     under 

tuberculosis   law    219 

prohibit  carelessness  of  person  having  tuberculosis.  217 
promote  spread  of  information  regarding  prevalent 

communicable  diseases   32 

promptly    report    on    sputum   examination,    free    of 

charge 214 

record  reports  of  recovery  of  tuberculosis   patients  222 
report   communicable   diseases   to    state   department 

of   health    36 

18 


546  Index 

Health  officer  —  continued  Page 

report  smallpox,  typhus,  yellow  fever,  cholera   (1st 

class    cities)     37 

violations   of  tuberculosis   law   by    physicians..  213 

violations    of    insanity    law 350 

require    physicians    to    take   additional    precautions 

when    necessary,    tuberculosis    221 

sanitary  inspection,  school  buildings  and  places  of 

public    assemblage    32 

secure    prompt    and   full    reports    of    communicable 

diseases    32 

registration    of   births   and    deaths 33 

sue  for  recovery   of  penalty,  violation   of  §  316-317 

cadavers  ,  » 205 

supply    materials    for    tuberculosis    patients 221 

take   samples   when   seizing   milk 52 

transmit     circular     on     tuberculosis     to     physician 

reporting    case,    or    to    patient 222 

procedure   and    precautions   blank    to   physician 

reporting  case   220 

Health    officer,    eligible    for   appointment   as    registrar.  .  247 

liable  to  penalty,  seizure  of  milk 52 

may   placard   premises  prohibiting  occupancy 216 

receive  additional  compensation  for  vaccination  199 

not  subject  to  suit 33 

not  to  divulge  identity  of  person  having   tubercu- 
losis        36 

notified  of  deaths  or  removal  of  case  of  tuber- 
culosis  214 

of  deaths  occurring  without  medical  attendance  252 
obstruction    of,    in    performance    of    duties,    misde- 
meanor  « 394 

removal 24 

report    to,    discharge    of    patient    committed    under 

§  326-a  218 

report  to,  concerning  sore  eyes  of  infant 390 

reports,  infectious  and   contagious   diseases 36 

reports,   presumptive  evidence    33 

reports    to,    concerning    cases    of   tuberculosis 212 

health  officer,   port  of  New  York 81 

Hearing    on   apportionment,    sewer    system,  towns 420 

appeal  from    422 

apportionment,     sewer    system,    village 438 

appeal    from    439 

construction  of  sewers  wholly  at  expense  of  prop- 
erty benefitted  436 


Index  547 

Hearing  —  continued  Page 

interments    in    cemeteries,    third    class    cities 34 

order   to   discontinue   pollution    of   water 66 

petition  for  approval   of  site,   tuberculosis   hospital 

or  camp   210 

revocation    of    permit    to    discharge    sewage,    refuse 

or    wastes    70 

violation  of  section  76,  or  of  permit 72 

Highway,    noisome    or    unwholesome    substance    placed 

in 408 

Hospitals,   contagious    diseases,    duties   of   commissioner     15 
county,  see  county  hospitals. 

fire  escapes 223 

like  privileges  to  matriculated  students  of  medical 

colleges 223 

tuberculosis,  In  towns,  site  to  be  approved 210 

Hotel  or  lodging  house  keeper,  to  report  infectious  or 

contagious  diseases  to  health  officer 36 

Hotels,    bedding     244 

cleanliness  in   preparation   and   service   of  food 232 

sanitary    condition,    enforcement 244 

sewers   and    drainage    244 

Hours    of   labor,    messengers 374 

women  372 

Householder,  to  report  infectious  or  contagious  diseases     36 

Hydrophobia,  persons   sent  to  Pasteur  institute 231 

expenses    of    treatment 231 

Hypodermic    syringe    and    needle 167 

Ice,    canal 406 

Illuminating    oils,    tests     345 

Indians,  indigent,  relief  in  case  of  epidemic 45 

Industrial  establishment,  penalty  for  discharge  of  sew- 
age   without    permit    or    report     73 

permit  to  discharge  refuse  from,  plans  to  be  sub- 
mitted        69 

Industrial    poisonings,    to    be    reported 363 

Inebriates,    commitment    of 362 

Infant,   reddened    or   inflamed    eyes,   to   be  reported....   390 

Infectious    or   contagious    diseases),    reporting 35 

in    workshops    44 

see  also  sanitary  code,  chapter  II. 
Infectious    or    communicable    diseases,    animals,    report- 
ing,   etc 288 

Injunction,    nuisance     234 

permanent   236 

violation   236 

restraint  by  local  boards  of  health 28 


548  Index 

Page 

Inquest,    coroner    253 

Insane,  compensation  of  health  officer  in  commitment.  .   353 

dangerous,   commitment  of 360 

duties  of  health   officer  in  regard  to 356 

health  officer  to  advise  as  to  detention  and  report 

violations 350 

inebriates,    commitment    to    private   institutions....  362 
temporary  commitment    352 

Inspection,    hospitals    for   contagious    diseases 15 

Pasteur   institute    231 

potable    water    supplies    57 

public  places  and   institutions,   service  of  food ....   232 

Inspection,    public    works     18 

sewage  discharge,  to   detect  violations 72 

shelfish    grounds     296 

Inspections,  monthly,  at  certain  institutions  for  children  203 

Inspector,    not    subject    to    suit 33 

Inspectors,    cold    storage,    commissioner    of    health    may 

appoint 227 

access    to    books    of    warehousemen 451 

condemnation  of  food  unfit  for  use 440 

kitchens,  commissioner  of  health  may  appoint.  .  .  .  232 

sewer   systems,    villages    438 

written   reports    presumptive   evidence   of  facts....     33 

Institutions,    beds ;    ventilation 204 

cleanliness  in  preparation  and   service  of  food....  232 
examination  and  quarantine  of  children  admitted..  202 

monthly  examinations,  reports    203 

registration   of  persons   in    258 

reporting   cases    of   tuberculosis   in 212 

Interments    254 

in  cemeteries,   regulating    34 

Jurisdiction,    commissioner   of   health,   over    state  lands 

for    sanitary    purposes    13 

town    boards    of    health    44 

Justice    of     supreme    court,    to    approve    incorporation 
maternity    hospitals,    etc 390 

Kitchens,    commissioner    of   health   may    inspect 232 

Labeling  drugs,  medicines,  etc 156 

habit    forming    drugs    165 

ice  from   canal,   or   widewaters    of  canal 406 

poisons  wrongly,   or   omitting  to  label,   drugs,   etc.  394 

Labor    law,    employment    certificates    of    children 376 

children  in   mercantile  establishments 376 

women  in  mercantile  establishments 372 


Ixdex  549 

Labor  Laws  — -  continued  Page 

enforcement  of  article  12 388 

hours    of    labor,    messengers 374 

minors  and  women 372 

industrial   poisoning 363 

laws    to    be   posted    in    mercantile   establishments..  389 
local    boards    of    health,    advised    of    revocation    of 

employment   certificates    369 

industrial    poisoning,    enforcement    363 

powers   and   duties,    tenement  made  articles....  371 

transmit    records    employment    certificates 369 

mercantile    establishments,    cleanliness 383 

employment    of    children    376 

employment   of  women   372 

registry   of  children  employed 381 

minors,    employment    certificates    364 

in    factories,    employment    364 

school  record  furnished  department  of  health..  368 
newspapers,    employment    of    children    in    carrying 

and    distributing    374 

physical  examination  of  children  in  factories 369 

registry  of  children  employed  in  mercantile  estab- 
lishments     381 

Laboratories,    establishment    15 

Land,   acquisition    19 

sanitary   purposes,   jurisdiction  of  commissioner  of 

health IS 

Laterals,    town    sewer    systems 427 

contract  for   construction    428 

License,    chiropody     179 

cold    storage     226 

druggist,    displayed    152 

examination,    veterinary    medicine    and    surgery....  135 

fee,    cold    storage    226 

marriage,    required     327 

milk    gathering    stations    274 

pharmacist,  displayed   152 

practice   as   undertaker    1S7 

prohibited,    peddling    farm    produce,    city 34S 

town      411 

village   433 

Licenses,  marriage,  town  and  city  clerks  to  issue 328 

physicians,   etc.,    revoked   for  addicted   use   drugs..  169 

revocation,    practice    of    dentistry 125 

Licentiates,    practice    of    dentistry     116 

Lien   upon   premises,   abatement   of   nuisance 42 


550  Index 

Page 

Liquors,    adulterations     51 

Local    board    of    health: 

additional   compensation   to   health   officer   for   vac- 
cination     199 

advised  of  cancellation  of  employment  certificates..  370 

workshop   in   tenement   house 43 

allow   expenses   of   health    officer   attending   confer- 
ence       29 

appoint    local    health    officer 23 

registrar   of  vital   statistics 47 

ascertain  violations  or  noncompliance,   §  76-a 72 

assess  expense  upon  property  benefited  by  removal 

of   mosquito   breeding   places 38 

bathing    places,    sanitary    condition 200 

city,  may  appoint  member  to  assist  in  examination 

nuisance 18 

resolution    regarding   interments   in    cemeteries 

filed  with  34 

first   class,   to   report   smallpox,   typhus,   yellow 

fever  and  cholera 37 

commissioner  of  health  may  reverse  order  or  reg- 
ulation       13 

commissioner   of   labor   may    call   upon,    for   assis- 
tance     363 

compensation   and   expenses   local   health   officers..     28 
complaints    regarding    nuisances,    receive    and    ex- 
amine into    37 

condemn    and    destroy    infected    articles    made    in 

worshops   44,  371 

convened   to   take   action   directed   by   commissioner 

of   health    37 

copy   permit   to   discharge  refuse  or  wastes,   to  be 

transmitted 69 

sewage,   to  be  transmitted    68 

designate  place  of  removal,  inmates  of  almshouse..    36 
disinfection,  cleansing  or  renovation  after  tubercu- 
losis  215 

employment    certificates    364,  376 

women    and    children   in    basements 388 

enforce    laws    relating    to    sanitary    conditions    in 

hotels   244 

reporting  of  tuberculosis 213 

water  rules  and   regulations 59 

enforcement  of  provisions  of  labor  law 388 

entpr    premises    to    remove   or   suppress    nuisance..    41 


Index  551 

Local  board  of  health  —  continued  Page 

establish  quarantine  35 

examine  into  alleged  sewage  disposal  Susquehanna 

river    64 

expenses,    how    paid 45 

extermination   breeding   places   of   mosquitoes 37 

failure  to  appoint  health  officer   19 

forfeit   to,   for   violations 64,  207,  210 

furnish  commissioner  of  labor,  information  regard- 
ing communicable  disease  or  insanitary  con- 
ditions in   tenement  houses    371,  381 

order   blanks,   habit  forming   drugs 166 

general    powers   and    duties 28 

guard  against  introduction  of  infectious  diseases..     35 
health  officer,  chief  executive  officer 28 

compensation  and  expenses 29 

additional,    vaccination 199 

immediate  expenditures  money,  abatement  of  nuis- 
ance,   authorized 41 

Industrial  poisoning,  enforcement 363 

infected     premises,    may    require    purification    and 

cleansing    35 

inspectors,  workshops  in  tenement  houses 44 

investigate  complaints  management  institutions  for 

children     204 

issue  employment  certificates 364,  376 

subpoenas  and  warrants 30 

jurisdiction,    town   boards 44 

license,  maternity  hospitals,  etc 390 

lunch  rooms  in  mercantile  establishments. 387 

maintain  actions < 30 

mandamus 47 

maternity  hospitals,  license.. 390 

meetings    24 

membership  and  organization 23 

minors,    employment    certificates 364,  376 

notice  of  workshop  in  tenement  house 44 

notify    commissioner    of    agriculture,    existence    of 

communicable  disease  of  animals 285 

nuisance,  examined  37 

notice  from  state  department  to  abate 37 

removal     41 

orders  and  regulations 29 

permit,  ventilation,  institution  for  children 204 

workshop  in  tenement  house 44 

permits,    sewage   discharge,    record    71 


552  Index 

Local  board  of  health  —  continued  Page 

powers  and  duties  as  to  sewers 31 

prescribe  duties,  local  health  officer 28 

penalties    30 

protect  tuberculosis  records 214 

provide  circular  of  information  regarding  tubercu- 
losis      222 

vaccine  virus  and  vaccination 36 

vaccination  of  school  children 198 

publication  orders  and  regulations 29 

quarantine,   right  to  establish 35 

record,    permits   and   inspections   discharge   sewage, 

refuse  or  wastes 71 

register  of  children  employed,  open  to  inspection..  381 
reports  to  state  department  of  health,  organization 

and  membership    24 

municipal  authorities    70 

restraint   by  injunction 31 

right  of  entrance,  to  ascertain  sewage  discharge 72 

mercantile  establishment   388 

suppress  or  remove  nuisance 41 

sale  of  property  to  satisfy  lien 42 

samples  to  be  furnished  for  analysis 52 

special  meetings    28 

transmit,  commissioner  of  labor,  record  of  employ- 
ment certificates   369,  380 

vaccine  and  vaccination  to  be  provided 36 

vaccination  of  school  children 198 

ventilation,  institutions  for  children 204 

violation  or  noncompliance  to  be  reported 72 

wilful  violation  of  lawful  order  a  misdemeanor 394 

Lunch  rooms,  mercantile  establishments 387 

Made    wines,    denned 54 

Maintenance  of  patience,  county  hospital,  from  county.  .  308 

from   county   not  having  hospital 310 

Mandamus     47 

Manufactures      in     tenement      houses      and      dwellings, 

permit     43 

Maps  and  plans,  sewer  systems,  towns,  approval 418 

villages    434 

Marriage,  a  civil  contract 325 

after  divorce   324 

by   whom   solemnized 325 

clergyman  or  officer,  when  protected 332 

violating   article,    penalty 332 

duty,  town  and  city  clerks 329 


Index  553 

Marriage  —  continued  Page 

effect,   of  parents  of  Illegitimates 334 

false   statements   and   affidavits 331 

forms  and  books  to  be  furnished 333 

how  solemnized  327 

incestuous   and   void,    defined 322 

penalty   for   violation 334 

presumptive  evidence    334 

records  to  be  kept  by  county  clerk 333 

town    and    city    clerks 332 

solemnizing  unlawful,  and  unlawful  solemnizing  of.  392 

void,   defined    323 

voidable,    defined    323 

written    consent    required 329 

Marriage  certificates    333 

Marriage    licenses    327 

town  and  city  clerks  to  issue 328 

when  to  be  obtained 335 

Marriage   records,    transmitted    to    state    department    of 
health     333 

Maternity  hospitals,  establishment   .'.00 

Medical  certificates,  registration  of  deaths 251,  252 

colleges,  privileges  of  students  in  hospitals 223 

inspection,  public  school  pupils 339-342 

inspectors,   public   schools,   employment 339 

Medicine,   practice  of 97 

veterinary,   and   surgery 131 

Medicines,    careless    distribution    of 406 

Meetings,    public    health    council 9,     11 

town  board   410 

Members,  city  hoard  of  health,  apipointment 23 

Mercantile  establishment,  cleanliness  of  buildings 383 

cleanliness  of  rooms 383 

dressing    rooms    384 

Mercantile  establishments,    drinking   water 383 

laws  posted  in 389 

local  health   authorities  to  enforce  provisions 388 

lunch    rooms    387 

registry   of  children  employed 381 

seats  for  women 387 

ventilation     386 

washrooms  and  washing  facilities 384 

water    closets    384 

women  and  children,  employment 372 

in  basements   388 

Messengers,    hours    of    labor 374 


554  Index 

Page 

Midwif e,  birth  certificate  filed  by 255 

failure  to  report  sore  eyes  of  infants 390 

register  with   registrar 258 

see  also  sanitary  code,   chapter  IV. 

Milch  cows,  feeding  unwholesome  food 389 

kept  in  insanitary  places 389 

Milk,    adulterated,    defined 267 

branded  cans,  etc.,  registered 272 

not   to    be    sold 271 

care  and  feed  of  cows  and  keeping  of  produce  from.  269 

fat  tests   of  composite  samples 270 

feeding   food   producing   unwholesome   milk 389 

keeping  cow  in  crowded  or  unhealthy  places 389 

penalties  under  Agricultural  Law 280 

penalty  for  delivery  adulterated  milk 270 

Milk,    receptacles    not    to    be    used    for    other    purposes 

than  for  milk  or  cream 272,  279 

to   be   cleansed   before  returning    278 

regulations   reevaporated   or   condensed 273 

sale  regulated 269 

seizure  of  52 

tuberculin   testing   of   cattle 281 

unclean  receptacles  and  places  for  keeping 274 

unclean   cans   and   receptacles   condemned 278 

see  also  sanitary   code,  chapter  III. 

Milk  gathering   stations,  license  required 274 

records  required   275 

sale  of  cream 276 

Minors,  employment,  in  factories 364 

certificates,  see  labor  law. 

school  record,  furnished  local  department  of  health.  368 

Mosquitoes,  expense  of  removal  of  breeding  places 37 

Nassau   county   commission    314 

Suffolk    county    commission 312 

Municipal  authorities,  report  to  local  board  of  health..     70 
law,  workshops  in  connection  tuberculosis  hospital.  349 

Municipality,     bear     part     of     expense     suppression     of 

mosquitoes    39 

construct  and  maintain  sewer  system 60 

definition     24 

enact  sanitary  regulations 11 

Municipalities,   action  to  prevent  sewage  disposal 74 

Narcotics,  having  in   possession 407 

Nassau  County  Mosquito  Exterminating  Commission...  314 

New    York    City    excepted 47 

from  provisions   of  tuberculosis  law 223 


Index  555 

?age 
New   York    State   Nurses   Association    172 

Veterinary    Medical    Society 132 

Newspapers,    employment    of    children    in    carrying    or 

distributing:     374 

Notice,  service  of: 

by  sewer  commissioners,   apportionment  of  assess- 
ment for  sewer  system,  town 420 

village     438 

by   health    officer,    prohibiting   carelessness   of   per- 
sons   having    tuberculosis 217 

hearing,  construction  of  sewer  wholly  a-  expense  of 

property   benefited    436 

order  to  discontinue  pollution  of  waters 66 

revocation  or  modification,   permit  to  discharge 

sewage,    refuse   or   wastes 70 

tuberculosis    hospital   petition 210 

violation  of  §  76   72 

upon  owner  of  property  sold  to  satisfy  lien 42 

taken  by  county  for  tuberculosis  hospital 299 

regarding  construction  of  laterals  in  same  dis- 
trict      427 

of   meeting  -"or   reapportionment    439 

upon   person    or   corporation   owning   or   controling 

cemetery   423 

third   class   city   34 

person  violating  water  rules 58 

upon  sewer  commissioners'  appeal  from  apportion- 
ment, sewer  system,  town 422 

Noisome  business  or  manufacture  near  public  highway.  408 

Nuisance,    abatement     16,     37 

action   to    enjoin 234 

defined     233,  393 

examination,  commissioner  of  health 16 

local   board   of  health 37 

expense  of  abatement  a  lien  upon  premises 42 

experts  for  examination 18 

Nuisance,   maintaining    .393 

permitting  use  of  building  for;  opium  smoking 393 

removal  41 

suppression  by  local  board  of  health 37 

suppression,    certain    233 

action,    discontinuance ;    substitution 235 

to   enjoin    234 

trial     235 

costs    236 


556  Index 

Nuisance  —  continued                                                                 Page 
suppression,  effect  if  portion   of  article  unconstitu- 
tional     236 

injunction     234 

jurisdiction    and    procedure 234 

permanent   injunction    236 

violation  of  injunction 236 

unequal    damage    393 

Nurse,  failure  to  report  sore  eyes  of  infant 390 

may    report   apparent   cases   tuberculosis    to   health 

officer    213 

Nurse,    county,    authority    board    of    managers    county 

tuberculosis  hospital  to  employ 302 

Nurse,  public  health,  acts  under  direction  of  physician 

in  tuberculosis  cases 221 

authority    commissioner    of    health    to    employ    and 

assign    14 

health  officer,  to  employ 34 

to     have     all     reported     cases     tuberculosis 

visited   by    221 

public  health  council  to  prescribe  qualifications.     11 

not  subject  to  suit 33 

qualifications,   public  health 526 

supervising,    qualifications    524 

work  under  direction  of  health  officer 34 

written   report  presumptive  evidence  of  facts 33 

Nurse,    registered,    qualifications 171 

registration,    examination,    fees 171 

Nursing,    public    health,    division   of 12 

Oath,  state  board  of  medical  examiners 100 

Obstructing  health  officer  in  performance  of  duty 394 

Occupancy    forbidden    until    order    of    health    officer    is 

complied   with    216 

Officers    and    employees,    state    department    of    health, 

compensation     11 

qualifications   prescribed    11 

Omission  of  duty  by  public  officer ' 409 

Operation,  for  prevention  of  procreation;   criminals  and 

defectives     242 

unauthorized    and    illegal 243 

Opium    smoking 393 

Optometry,    practice    of 191 

Order,  etc.,  local  board  of  health,  reversed   or  modified 

by    commissioner    of   health 13 

Order  blanks,  habit-forming  drugs 166 

use  of  federal  blank  approved  by  commissioner  of 
health    170 


Index  557 

Page 

Order  to  discontinue  water  pollution 66 

Orders  and  regulations,  local  boards   of  health 29 

Osteopathy,  practice  of HO 

license     102 

Overflow  of  water  from  canals 17 

Owner  of  premises  to  permit   sanitary  examination....     37 

Parents,  birth  certificate  filed  by 255 

given  name  of  child  registered  by 257 

Passport      or      baptismal      certificate,      employment      of 

children     377 

Pasteur    Institute,   inspection 231 

persons  to  be  sent 231 

services,  charges   231 

Patients,   county  tuberculosis  hospital,  admission  from 

county     307 

admission  patients  from  county  not  having  hospital.  309 

maintenance  of  patients  from  county 308 

patients   from   county   not   having   hospital.  .  .  .  310 
dangerous   and   careless,   control   of;    commitment.  .  217 

Peddling  farm  produce,  license  prohibited 318,  411,  433 

Pedic  Society  of  State  of  New  York 174 

Penal  Law,  extracts  from: 

acts  of  intoxicated  physicians 409 

adulterated  goods   406 

canal   ice,    sale 406 

careless     distribution     of     medicines,      drugs     and 

chemicals 406 

child,  unlawfully  omitting  to  provide  for 390 

cocaine,  or  eucaine 396 

contagious  disease,  exposing  persons  affected  with, 

in  public  place 408 

drugs,  omitting  to  label,  or  labeling  wrongly 394 

embalming,  illegal  practice  of 409 

gas,   tar   or  refuse  in   public   waters 408 

maternity    hospital,    conducting   without   license. . .  .  390 

incorporation,    license    390 

midwife,  neglect  to  report  to  health  officer  or  physi- 
cian sore  eyes  of  infant 390 

milch   cow,  feeding  unwholesome  food 389 

keeping   in    unhealthy    place 389 

misconduct  of  veterinary  surgeons 409 

narcotics 407 

noisome  or  unwholesome  substance  in  highway....  408 

nuisance,   public,    defined 393 

maintaining    393 


558  Index 

Penal    law,    extract    from  —  continued  Page 

nuisance,  penalty,  use  of  building  for 393 

unequal  damage   393 

nurse,  neglect  to  report  to  health  officer  or  physician 

sore  eyes  of  infant 390 

obstructing  health  officer  in  performance  of  duty..  394 

omission  of  duty  by  public  officer 409 

omitting    to    label    drugs,    or    labeling    wrongly 394 

opium  smoking    393 

solemnizing   unlawful    marriage    392 

sore  eyes  of  infant,  report  to  health  officer  or  physi- 
cian; treatment  without  advice  of  physician 390 

tainted  food,  disposing  of 407 

unlawfully  procuring  marriage  license 392 

solemnizing  marriage   392 

violation   of   public    health   laws 396 

willful  violation  of  health  laws 394 

willfully  poisoning  food  or  well 408 

Penalties : 

Agricultural    Law    280 

§   96,   violations    of 290 

cold    storage   law 230 

discharge  of  sewage  without  permit 73 

food  preparation  and  service 233 

habit-forming  drugs 170 

selling   wine   not  properly   labeled 54 

violation  of  orders  of  local  board  of  health 30 

vital  statistics 264 

Penalty : 

clergyman    or    officer    violating    domestic    relations 

law   332 

delivery  of  adulterated  milk 270 

failure   physician   to  perform   duties;   making  false 

reports    (tuberculosis)     222 

narcotics   in    possession 407 

refusal  to  furnish  sample  of  food  or  drugs 52 

seizure  of  milk  without  taking  samples 52 

solemnizing  unlawful   marriages 392 

violation  of  domestic  relations  law 334 

health  laws  or  regulations 21 

tuberculosis    law    222 

willful,    of   health    laws 394 

putting  noisome  substance  in  highway 408 

Permit,    burial   or  removal 249 

children  to  carry  and  distribute  newspapers 374 


Im)EX  559 

Permit  —  continued  Page 

discharge  refuse  from  industrial  establishment.  .68,    69 

sewage     67 

Permit,    dormitories   in   institutions,   ventilation 204 

record,   .sewage  or  refuse   discharge 71 

renewable,  discharge  of  sewage  or  wastes 70 

revocation,  discharge  of  sewage  or  wastes 70 

workshops     44 

Person  in  charge,  record  of  persons  in  institution 258 

Petition,    construction    of    laterals    in    town    sewer    dis- 
tricts      427 

construction  of  sewer,  village 436 

hearing  on  tuberculosis  hospital 210 

reapportionment,  town  sewer  system  422 

river  improvement   297 

sewer   systems,   towns 412 

Pharmacies    150 

Pharmacist     147 

filling   prescriptions,   habit-forming  drugs 165 

order  blanks,   filing,   habit-forming  drugs 166 

records,    habit-forming   drugs 167 

revocation  of  license 169 

sale,  habit-forming  drugs 163 

Physical  examination,  children  in  factories 369 

Physician,  certain  institutions  for  children  to  employ..  202 

compound   medicines   and   fill   prescriptions 151 

failure  to   report  tuberculosis 212 

fee  for  reporting  births  and  deaths 262 

communicable   disease    36 

taking  procedure  and  precautions  in  tuberculosis..  219 

intoxicated,   acts   of 409 

keep  record,  habit-forming  drugs 167 

make  monthly  examination,  children  in  institutions.  203 
notify   local   board   of  health,   violations   regarding 

ventilation   204 

health  officer,  death  or  removal  of  tuberculosis 

patient 214 

protect  family  of  tuberculosis  patient 219 

register   births    255 

with  registrar  of  vital  statistics 258 

revocation    of   license  —  addicted    to   use    of   habit- 
forming  drugs   169 

after    conviction,    violation    habit-forming    drug 

law   170 

eore  eyes  of  infant,  to  be  reported  to 390 

Physician's  certificate,   employment  of  children 377 


560  Index 

Page 

Places  of  public  assembly,  inspection  by  health  officer..  32 

Plans,  county  tuberculosis  hospital,  to  be  approved....  300 

public  works,  commissioner  of  health,  may  examine 

or   copy    18 

refuse  discharge  pipes,  to  be  submitted 69 

removal  or  disposal  of  sewage,  subject  approval  by 

department     75 

school  buildings,  to  be  approved 337 

sewage  system  or  disposal  works,  approval  of  Con- 
servation   Commission    required 297 

sewerage  or  sewage  disposal,  to  be  submitted 68 

state  buildings  and  institutions,  approval 20 

Plumbing,  General  City  Law 347 

village    432 

Poisons     156 

Pollution : 

actions    by    municipalities   to    prevent    sewage    dis- 
charge      74 

constructions  and  limitations  made  by   §§  76-85 73 

discharge  of  sewage  and  other  matter  into  certain 

waters    prohibited 64 

discharge   of  sewage   into   Susquehanna   creek   pro- 
hibited    64 

into  Walkill  creek  prohibited   64 

inspection  of  water  supply 57 

order  to  discontinue  pollution  of  waters 66 

penalties    73 

permission  to  discharge  refuse  or  waste  matter  from 

industrial  establishments   68 

permission  to  discharge  sewage 67 

plans  for  refuse  discharge  pipes  must  be  submitted.  69 
record    of    permits ;    inspection   of   local    boards    of 

health     71 

reports  of  municipal  authorities  to  local  boards   of 

health    70 

reports  of  proprietors  of  industrial  establishments.  71 

revocation  of  permit 70 

rules  and  regulations  for  water  supplies  legalized..  59 

rules  and  regulations  of  department 56 

sewage  disposal  as  affecting  potable  waters 297 

sewerage    60 

violations,  service  of  notice,  actions 72 

see  also  water  and   water  supply. 

Port  of  New  York,  Health   officer,   etc 81 

quarantine,   at   76 


Index  561 

Public  health  council  —  continued  Page 

Potable  waters,  inspection  of  water  supply 57 

rules    and     regulations    for    protection    from    con- 
tamination     56,     59 

sewage   disposal   affecting 297 

Power    of    state    commissioner    of    health,    see    Commis- 
sioner  of   Health. 
local  board  of  health,  see  local  board  of  health, 
locaj  health   officer,  see  health  officer. 
Premises,    attending    physician    to    notify    health    officer 

of  vacation,  by  tuberculosis   case 214 

disinfection,  cleansing  or  renovation,  after  tubercu- 
losis      215 

expense  of  abatement  of  nuisance  a  lien  upon 42 

local  board  may  prohibit  communication  with,  and 

use  of,  infected 35 

occupancy  prohibited,  until  order  of  health  officer  is 

complied  with   216 

right  of  entrance 41 

Preservation    of   life,    bathing    places 199 

Prescriptions,   habit-forming    drugs 164 

omitting  to  label  drugs,  or  labeling  wrongly 394 

physician   may   fill 151 

Prevalent  diseases,  local  health  officer  to  give  informa- 
tion         32 

Private  institution,  commitment  of  inebriates 362 

Procreation,    operations    for    prevention 

board  of  examiners,  compensation  and  expenses....   241 

powers    and    duties 242 

counsel  to  person  to  be  operated  upon,  appointment.  242 

operations,  unauthorized  and  illegal 243 

persons  to  be  operated  upon 242 

Proprietary  remedies  and  liniments,  exception 163 

Proprietors,  industrial  establishments,  reports 71 

Provisions,  sanitary  code  have  legal  force 10 

no  effect  in  New  York  city 10 

Public  health  council,  general  provisions 9 

decide  diseases   considered  communicable 259 

define   methods  and   precautions,   disinfection,   etc..  215 

duties     10 

establish  regulations,   contagious  disease  hospitals.     15 

Indian  reservations    10 

rules    and    regulations,    registration   births    and 

deaths     246 

meetings    9,     10 

prescribe   qualifications,    officers    of    department....     11 
registrars  of  vital  statistics 247 


562  IlSTDEX 

Public  health  council  —  continued  Page 

regulate   practice   of  midwifery 10 

sanitary    code    10 

Public  health  law,  duty  of  health  officer  to  enforce.  ...  33 

duty  of  sanitary  supervisor  to  enforce 14 

duty  of  state  commissioner  of  health  to  enforce 12 

Public    health    laws,    penalty    for    violations 21,  396 

wilful    violation    394 

Public  health  nurses,  see   nurses,    public   health. 
Public   nuisances,   see    nuisances. 

Public    officer,    omission    of    duty    by 409 

Public   school,  contagious  diseases    342 

eye  and  ear  tests    342 

medical   inspection    339 

vaccination 198 

Public   waters,   gas   or   tar   refuse  in 408 

Public   works,   examination    and    inspection 18 

Publication,    advertisement,    sewer    construction,    towns  418 

villages 437 

list   of  articles  exempt  from   provisions   regarding 

adulterations    48 

notice   of   hearing,    apportionment   of  assessment...  420 

construction  of  laterals   427 

order  to  discontinue  water  pollution 66 

tuberculosis    hospital    site    211 

meeting  on  petition  to  establish   sewer  system....  416 

regulating  interments  in  cemeteries,  3rd  class  cities  34 

regulation  and  declaration  regarding  adulterations  51 

requiring  connection  with  sewer,  towns 426 

villages 442 

sale  of  property  for  satisfaction  of  lien 42 

rules  and    regulations   for   protection    public   water 

supplies   57 

Pulmonary   tuberculosis,   see  tuberculosis. 

Pure    wine,    defined    53 

Quarantine   at    Port    of    New    York 75 

for  rabies,  by  commissioner  of  agriculture 288 

of  children   admitted   to  institutions 203 

Quarantine  station,   commission   to  negotiate  transfer..  80 

Rabies,  persons  to  be  sent  to  Pasteur  institute 231 

quarantine   and    suppression    288 

Reapportionment,   construction   sewer   system,   town....  422 

village 439 

Reciprocal    licenses,    embalming    189 

Record,    permits   for   sewage   discharge 71 

Record    of    sale,   cocaine   or    eucaine 396 

hypodermic  syringe,   needles    167 


Index  563 

Page 

Records,   habit   forming    drugs 167 

Recovery    of    tuberculosis    patient,    report 222 

Refrigerating    warehouses,    rules    and    regulations 445 

Refusal  to  furnish  sample  foods  and  drugs,  penalty....     52 
Refuse    discharge   pipes,    plans    submitted;    penalty    for 

maintaining 69 

Refuse  or  waste  matter,  permission  to   discharge 68 

Registrar   of  vital   statistics,   appointment 247 

charged  with  enforcement  vital  statistics  law 265 

district  records  kept  by 260 

fees  for  reporting  births  and   deaths 262 

for  return  and  filing  of  certificates 262 

for  issuing  burial  or  removal  permits,   prohib- 
ited   249 

qualifications    247 

registration    of    physicians,    midwives    and    under- 
takers   .  258 

removal  by  commissioner  of  health 247 

report  promptly  deaths  from  tuberculosis 213 

subregistrar,  appointment  authorized 248 

supplemental  report,  given  name  of  child 257 

transmit   original   certificate  to   state  commissioner 

of  health 260 

Registration    and    license,    veterinary    medicine,    unau- 
thorized,    prohibited     ^ 139 

births    and    deaths,    local    health   officers 32 

registrar    of    vital    statistics 260 

chiropody   178 

deaths  without  medical  attendance 252 

Registration,    defective,    vital    statistics,    correction. . . .   248 

districts,  vital  statistics   247 

midwives,'  see  also  sanitary  code  chapter  IV 258 

nurses   171 

physicians 258 

practice  of  dentistry  121 

undertakers    258 

Registry    of    children    employed,    mercantile    establish- 
ments    381 

practice  of  medicine 105 

veterinary  medicine  and  surgery  137 

Regulating   interments   in   cemeteries,  3rd   class   cities..     34 
Regulation   approving    use   of   federal   order   blanks    for 

drugs 170 

Regulation    and    control    of    autopsies 12 

Regulations,    hospitals    for    contagious    diseases 15 

see  also  rules  and  regulations. 


564  Index 

Page 
Reimbursement    for    sewers    constructed    at    private    ex- 
pense    436 

Removal  of  nuisance    41 

permit  for   dead   body,  issued   by   registrar 261 

no   fee   to   be   charged    249 

permits,   issue    247,  249 

Report,  cities   of   first   class,   certain   diseases 37 

recovery    of    tuberculosis    patient 222 

Reporting   communicable   diseases   of  animals 284,  291 

reports,  cold   storage  warehousemen 229 

communicable   disease,    health    officer   to    secure. ...     32 

industrial   establishments,    under   1903   law 71 

municipal   authorities,   under  1903  law 70 

Reports,  tuberculosis,  penalty  for  false 222 

vaccinations 199 

written,    presumptive    evidence    33 

Requisitions,    tuberculosis     supplies,    furnished 221 

Revocation    of    license,    physician     169 

practice  of  dentistry   125 

permit,    sewage    discharge    70 

Riparian    owners,    common    law    rights   not   affected.  ...     74 

River    improvement 297 

Rooms,     mercantile    establishments,    cleanliness 103 

Rules    and    regulations,    cleansing    and    disinfection....   451 

cold  storage    .  .  .  .- 229,  445 

commissioner  of  health  may  adopt 229,  232 

department  of  foods  and  markets 

public  health  council  may   establish 246 

transportation  of  the  dead   1S5,  443 

water  supplies,   protection    56 

enforcement 57 

legalized 59 

Salary,    commissioner    of    health,    deputy 11 

public    health    council    9 

Sale    of    habit-forming    drugs,    prohibited 163 

Samples,   careless   distribution   of 406 

Sanitary    Code 10 

commissioner    to    secure   enforcement 12 

duty    of   health   officer   to   enforce 32 

of  sanitary   supervisor  to  enforce 14 

enforcement    10 

provisions  have  legal  force 10 

no   effect   in   New   York   city 10 

supersede   local   ordinances    11 

scope   10 

violations 10 


Index  565 

Page 

Sanitary   conditions,   bathing   establishments 199 

districts 13 

examinations 37 

owners   of  premises  must  permit 38 

inspections,   by    health    officer    32 

regulations,    enacted    by    municipality 10 

supervision,    local    health    officer 32 

supervisor,    duties     13 

qualifications 10 

survey,  annual,  local  health  officer 32 

Schedules   A,   B,    C,   poisons 162 

School  attendance,  certified  birth  certificate  evidence  of 

age    260 

parents  and  guardians  to  compel    344 

penalty 344 

School   children,   vaccination    198 

Schools,   attendance   officers    338 

contagious   disease   in    342 

duties   of  authorities  as  to  enforcing  laws 336 

employment    of    medical    inspectors 339 

enforcement 343 

examination  by  medical  inspectors    341 

medical    inspection     339 

penalty  where  parents  do  not  compel  attendance .  .  344 

provisions  for  outbuildings 337 

pupils  to  furnish  health  certificates   340 

record   of  examination ;   eye  and  ear  tests 342 

removal  of  school  officers,  withholding  public  money  336 
Schools,    requiring    parents    and    guardians    to    compel 

attendance    344 

state   medical    inspector    343 

Seats    for    women,    mercantile    establishments 387 

Secretary,    public    health    council 9 

Secretary    of    state,    regulations    of    sanitary    code    filed 

with 10 

report  examination  into  nuisance  filed  with 16 

Seizure    of    milk    52 

Service   of  notice,  see  notice,   service  of. 

Sewage,    defined    67 

Sewerage 60 

approval   of  construction   sewer  system   or   disposal 
works   by   Conservation   Commission  required....  297 

powers   and   duties   of  local   boards   of  health 31 

sewer  assessments,  local  boards   of  health,   villages    31 


566  Index 

Sewerage,   towns :  Page 

acquisition   of  property  by  condemnation 419 

action  by  town  board   417 

annual    statement   of  commissioners 425 

appeal   from    apportionment    422 

apportionment    of   local    assessment    420 

approval  and  filing  of  maps  and  plans 418 

constructing   laterals   in   sewer    districts 427 

contracts   for   construction    of  laterals 428 

for    construction    of    sewer    systems 418 

expense  of  maintenance,  how  raised   423 

fees  of  commissioners   423 

hearing   of  appeal  from   apportionment 422 

improvements,  how  paid  for   428 

oaths  and  undertakings  of  commissioners 418 

procedure  by  new  commissioners 423 

reapportionment 422 

sewer    connections    428 

supervising   engineers,   inspectors   and   attorney....  419 
town  board  may   direct  construction  of  portion  of 

system    414 

may    establish    sewer    systems    412 

Sewerage,  villages: 

acquisition    of    property    by    condemnation 437 

annual  report  of  commissioners 442 

appeal    from    apportionment    439 

apportionment  of  local   assessment    438 

construction   of   sewer  at  expense  of  village 435 

at  joint  expense   436 

wholly  at  expense  of  property  benefited 436 

contracts    for    construction    of    system 437 

contracts  with  other  municipalities  or  districts....  441 

establishment    of    sewer    system     434 

expense  of  construction ;  how  raised 440 

fees  of  commissioners    440 

hearing  of  appeal   439 

permission    to    omit    from    construction    portion    of 

system 435 

procedure  by   new   commissioners    439 

reapportionment   439 

reimbursement    for    sewers    constructed    at    private 

expense 436 

sewer  connections   442 

supervising   engineer;   inspectors    438 

tax    for    unpaid    assessments    440 

Shellfish   grounds,   sanitary   inspection 296 


Index  567 

Page 
Sleeping    apartments,    drug    stores    and    pharmacies.  .  .  .   153 

grocery   and   provision   stores 154 

Smallpox,  cities  of  first  class 35 

epidemic,   vaccination   of  school   children 198 

Special    inspectors,    workshops 43 

Special   meetings,   local  boards   of  health 28 

Sputum,    examination    213 

Stairways,    iron,    on    hospital   buildings 223 

State    board    of    charities,    approval,    incorporation    of 

maternity   hospital   required    390 

State  board   of  dental  examiners 116 

embalming   examiners    184 

examiners  in   optometry    191 

State    board    of    health,    to    mean    state    department    of 

health    21 

see  state  department  of  health. 

State   board   of   medical   examiners 99 

examination  for  license  to  practice  medicine 101 

report    of   examinations    103 

State  board  of  pharmacy    144 

apprentices   and   employees,    drug   store  and   phar- 
macy   152 

make  additions  to  poison  schedules 157 

powers    and    duties    146 

State  board   of   veterinary  medical   examiners 132 

State   department   of  health    8 

actions  on  violation  of  water  rules 58 

actions,    proceedings    and    authority,    judicial 10 

analysis,  spirituous,  fermented  or  malt  liquors. ...     51 
books  and  forms,  domestic  relations  law,  furnished  334 

certification  of  cases  reported  by  health  officer 35 

cold  storage  license   226 

compensation   of   officers  and   employees    11 

county  tuberculosis  hospitals,  visit  and  inspect....  311 

divisions 12 

duty  as  to  reports  of  embalming  examinations 187 

duty  in  respect  to  violations,  foods  and   drugs 50 

examination   for   license    as   embalmers 185 

examination   water   pollution    74 

exemption   in   case   of   adulterations 48 

health  officers,  first  class  cities,  report  certain  dis- 
eases       37 

illuminating    oils,    tests    345 

maps   and   plans,    sewer   systems,   approval,   town..  418 
village   424 


568  Index 

State   department   of   health  —  continued  Page 

marriage    licenses    and    certificates    furnished 333 

notice   to   convene  local   board,   nuisances 37 

Pasteur    institute    open    to    inspection 231 

plans  for  removal  or  disposal  of  sewage,  approval..     75 

provide   forms   for    reports    of   warehousemen 229 

procedure  and   precaution  blanks,   tuberculosis.  220 

registration    of    births    and    deaths 246 

reports  of  infectious  and  contagious   diseases 35 

violation,    food    and    drug    provisions 55 

rules  and  regulations,  water  supplies 56 

State  dental   society    113 

State  examining   boards   outside   of   state,  examinations 

and    license    103 

State   institute   for    study    of   malignant    disease 237 

State  institutions,   analysis    of   water    supplies 20 

annual  examination  and  inspection 20 

approval  of  plans    20 

State    medical    inspection    of    schools 343 

Stillborn    children,    registration    249 

Storekeepers,    temporary     permits,    may    sell    medicines 

and  poisons 152 

requirements    for   examination,    pharmacy    147 

Stores,  pharmacy    150 

Subpoenas,    cold    storage    228 

issued  by  commissioner  of  health 12 

by  local  board  of  health   30 

Subregistrar,    vital     statistics     248 

Suffolk    county,    mosquito    extermination    commission..   312 

Superintendent,    county    hospital,    powers    and    duties.  .   304 

institutions,    record    particulars    regarding    inmates  258 

report    infectious    and    contagious    diseases 36 

Supervising   engineer,    sewer    systems    town 419 

village 438 

Suppression    of    certain    nuisances     233 

Surgeon,    performing    autopsy,    duty 16 

Swine,   keeping    of,    board   of   trustees   may   regulate.  . . .   432 

Tainted    food,    disposition 407 

Teacher,   may    report   apparent   case   of   tuberculosis....   213 

Tenement   houses   in   cities    20 

manufacturers  in,  permit  44 

Tenement    made     articles,     powers     of     local     board     of 

health    371 

Towels,   individual,   in   hotels 244 

Town   board,   action   regarding    sewer    district 417 

constitute  local  board  of  health 23 


Index  569 

Town  board  —  continued  Page 

constitution   and    regular   meeting 410 

direct  construction,   portion  of  sewer  system 414 

may  establish   sewer   system    412 

registrar,  appointment 247 

sewer    system,    petition     412 

Town  boards  of  health,  act  on  any  matter  in  jurisdic- 
tion         24 

jurisdiction    44 

transference  of  powers,  etc.,  to  town  board 24 

Town  clerk,  duty  in  respect  to  issuing  marriage  licenses  329 

records  of  marriages  to  be  kept  by 332 

to  issue  marriage  licenses   328 

Town  law,  sewers    412 

Town   sewer  systems,  see  sewerage,  towns. 
Transportation  of  the  dead,  administrative  rules  relat- 
ing  to 443 

Trustees,  board  of,  constitutes  village  board  of  health       23 

Tuberculin   testing    of   cattle,    procedure    281 

Tuberculosis,  care   of    diseased  animals 286 

compensation    of   owners   of   animals    destroyed ....  293 
Tuberculosis,    consents    requisite    for    establishment    of 

hospitals  or  camps  in  towns 210 

control    of   dangerous    and    careless    patients ;    com- 
mitment  217 

disinfection  of  premises 214,  216 

duties  of  health  officer,  physician,  nurse 219 

establishment  of  county  hospital 298 

examination  of  sputum    214 

general  penalty    222 

health   officer  authority   to   cause  reported  cases   to 

be  visited  by  nurse  . 219 

to  be  notified  of  death  or  removal  of  patient.  .  . .  214 
to    direct   disinfection,    cleansing    or  renovation 

of  apartments    215 

penalty  for  failure  of  physician  to  perform  duties 

or  for  making  false  reports 222 

prohibiting  carelessness   of  patients;   penalty 216 

occupancy   of  apartments   until  order  of  health 

officer  complied  with   216 

protection  of  patient's  family 219 

of  records 214 

provisions  do  not  apply  to  New  York  city.  .;.....  223 

recovery  of  patient  to  be  reported. . .'.  222 

reports  by  physicians  and   others -.  .  212 

reports   of  apparent  cases .  . .  .  .  .  . :-.  213 


570  Index 

Tuberculosis  —  continued  Page 

reports  not  to  be  made  public 36 

statements  of  procedure  and  precautions 219 

Tuberculosis   hospital,  consents  requisite  for   establish- 
ment    210 

Tuberculosis    hospital,    county,    admission    of    patients 

from    county 301 

from   county   not  having     hospital 309 

at   almshouse    310 

board    of    managers,    appointment,    general    powers 

and   duties   301 

establishment 298 

maintenance  of  patient  from  county 308 

from  county  not  having  hospital   309 

superintendent,    general    powers   and    duties 304 

Typhoid    carriers,    care   and    maintenance 46 

control,  commitment 217 

Typhus    fever,    reports     37 

Undertaker,    appprentice    187 

duties    of    253 

duty,    death   occurring   without   medical  attendance  252 

fee    187 

license   to    practice    187 

preparation   of  body,  communicable  disease 189 

registration   187,  258 

Vaccination,   expense   of    198 

how   made ;   reports    199 

provided    36 

school  children    198 

see  also  note  following   §   625,   education  law..  345 

Vaccine   virus    199 

provided 36 

Ventilation,    institutions    for    children 204 

mercantile    establishments    386 

Veterinary   medicine  and    surgery 131 

surgeons,  employment  by  Commissioner  of  Agricul- 
ture    287 

misconduct  of    409 

Village  board  of  health,  appointment  of  registrar 247 

consists  of  board   of  trustees    23 

members   receive   no   additional   compensation 24 

transference   of   powers   to   board   of  trustees 24 

Village    board    of    trustees,    meetings 431 

Violation  of  health  laws,  penalty 396 

Violations,   actions   for    72 

adulterations   50 


Index  571 

Violations  —  continued  Page 

embalming    and    undertaking    190 

local  boards  of  health  to  ascertain  Section  76 72 

maintaining    refuse   discharge   pipe 69 

milk,  provisions,  local  health  officer   52 

of  health  laws  or  regulations,  penalty 21 

optometry 196 

pharmacy 158 

proof  required  in   prosecution    161 

registration  of  nurses   173 

report  by  local  board  of  health  to  commissioner 72 

sanitary  code 10 

sanitary  conditions  of  hotels 244 

section  76,  duty  local  board  of  health 72 

tuberculosis  law  penalty .• 222 

Vital    statistics : 

certificate  of  birth 256 

of  deaths 250 

certified    copies    of   records 262 

certified  copies  of  birth  certificate  evidence  of  age.  260 

correction  of  defective  registration   248 

district  records  to   be  kept  by   registrar 260 

duties  of  state  commissioner  of  health 246 

of  undertakers    253 

enforcement  of  provisions   265 

fees  of  registrars 262 

interments    254 

New  York   city  exempted    266 

penalties    264 

permits  for  burial  or  removal  of  dead  bodies 249 

records  to  be  kept  by  commissioner 259 

registrar,  appointment,  removal    • 247 

registrar    not    to    receive    fee,    burial    or    removal 

permits 249 

registration    districts     247 

registration,    births     255 

births  and  deaths   246 

deaths  without  medical  attendance 252 

name   of  child    257 

persons    in   institutions    258 

physicians,    midwives,    undertakers 258 

stillborn  children  259 

subregistrar,   appointment,   duties,   removals 248 

Warehousemen's  reports,  cold  storage 229 

Warrants  by  local  board  of  health 30 

Wash    rooms,    mercantile    establishments ,  ,  , , 384 


572  Index 

Page 
Waste     matter,     discharge     from     industrial     establish- 
ment      71 

Water,  overflow  from  canals    17 

closets,   mercantile  establishments    384 

pollution,    order   to    discontinue 66 

see   also   Sewerage 

supply,    enforcement    of    rules    and    regulations 57 

New    York    city    sanitary    control    limited 63 

rules    and    regulations    for    protection    of 56 

legalized  •  .  59 

sewage  disposal  as  affecting   297 

sewerage    for    protection    of    60 

state    institutions,    analyses    20 

see  also  pollution. 

Wilful   violation    of   health    law    394 

Wilfully  poisoning  food,   spring,  well,  etc 408 

Wine,    adulteration     53 

Winesses,   commissioner  of  health   may   compel   attend- 
ance      12 

local    board    of   health   may   compel   attendance. ...  28 
Women    and    children,    employment,    mercantile    estab- 
lishments      372 

in   basements,   mercantile  establishments 388 

hours  of  labor   372 

Working   hours,   drug    stores  and    pharmacies    153 

grocery   and   provision   stores    154 

Workshop   in  connection  with  tuberculosis  hospital .  .     .  349 

Workshops,   in   tenements,   inspection    43 

Yellow   fever,    reports    37 


INDEX  —  SANITARY  CODE 

Chap.  Reg.  Page 

Adults,  not  to  be  quarantined  in  certain  cases . .  2  12  4S1 

Age,  of  midwife,  minimum   4  5  511 

Anthrax,    a    communicable    disease 2  1  477 

Application : 

for  license  to   practice  midwifery 4  4  510 

for  permit  to   sell  milk  and  cream 3  3  500 

Authorities : 

county    or   municipal,    report    to 2  44  494 

health,  posting  placards  by 2  21  4S5 

local,     may     compensate    owner    for    foods 

destroyed       2  3S  401 

local   health    authorities : 

commissioner  has   supervision   over ..  ..  474 

designate    expiration    of    permit    to    sell 

milk   3  1  500 

designate  manner  of  displaying  permits.  3  7  502 

dispense  with  bacterial  count  in  milk..  3  13  500 
exclusion     from     school     \mder     certain 

condition 2  27  4S6 

2  2S  4S7 
inspector     or     officer,     not     to     be     ob- 
structed   2  15  483 

make    supplementary    milk    regulation..  3  14  509 

require  health  officer  to  take  cultures..  2  10  4S1 

rules   and   regulations   by 2  11  4S1 

municipal    authorities    to    provide   for   med- 
ical   care    2  33  4S9 

public     health     authorities,     reporting     per- 
son   needing    attention    2  6  479 

Bacteria : 

certified    milk    3  13  504 

count,  where  made   3  13  509 

disease  producing,  distribution  of  living  cul- 
tures  prohibited    2  43-a  493 

Grade  A,   raw   3  13  505 

Grade  A,  pasteurized   3  13  506 

Grade  B,   raw    3  13  506 

Grade    B,   pasteurized 3  13  507 

Barber  shop : 

copy    reg.    4    and   5    of    chapter    VII    to    be 

posted ;     exceptions     7  6  523 

Barbers   and   barbershops,    regulations 7  4  521 


574  Index 

Board   of   health:  Chap.Reg.Page 

defined  1      1475 

of  municipality,  to  provide  free  vaccination.  2  31  4S8 

report  by  health  officer  concerning  nuisance  6      2  519 

to  convene  to  take  action  regarding  nuisance  6      3  519 

to   convene   upon   notice  from  commission..  6      5  518 
Boarding    house: 

handling  of  food  forbiuuen  in  certain  cases.  2  39  491 

letting   of   rooms   forbidden 2  49  496 

removal  of  cases  of  communicable  disease. .  2  13  4S2 

removal  to  hospital  or  isolation 2  33  4SS 

reporting  cases  of  diseases  presumably  com- 
municable     2      5  479 

Bottling  of  milk: 

condition   of    place    3      9  502 

caps   3      9  502 

Camps : 

case    of    disease    presumably    communicable 

to    be    reported    2      6  479 

duty  of  health  officer  to  inspect 5  3  513 

isolation    of    cases    of    disease    presumably 

communicable   5  19  5 IS 

pollution    of   waters    prohibited 5      1513 

reg.  6,  chap.  II,  to  be  enforced  by  person  in 

charge  5  18  517 

see  also   Labor  camps. 
Can,    see  Milk  vessels. 
Caps: 

required    for    bottled    milk 3      9  502 

to   be  marked: 

Grade    A,    raw    3  13  505 

Grade    A,    pasteurized    3  13  506 

Grade    B,    raw    3  13  507 

Grade   B,    pasteurized    3  13  506 

Grade    C,    raw    3  13  508 

Grade    C,    pasteurized    3  13  509 

Carriers   of  disease  germs   subject  to  rules  and 

regulations      2  40  492 

Certified     milk     3  13  504 

approved   by   county   medical  society    3  13  504 

free  from    preservatives    3  13  504 

name  of  certifying  medical  society   3  13  504 

regulations  by  county  medical  society 3  13  504 

Change    of   address    of   midwife   registered   with 

local    registrar     4  3  510 

Character,  moral,  of  midwife  certified  to  4  5  511 


Index  575 

Chickenpox:  Chap. Reg. Page 

a    communicable    disease    2  1  477 

exclusion  from  schools  and  gatherings 2  27  48(5 

exclusion  of  children  of  households 2  28  4S7 

maximum  period  of  incubation   2  35  489 

minimum   period   of  isolation    2  3G  489 

precautions  to   be   observed    2  29  487 

removal    of    cases    2  13  482 

Cholera,  Asiatic: 

a    communicable   disease    2  1  477 

carriers  of  disease  germs   2  40  492 

duties    of    undertakers    2  52  499 

instructions  as  to  disinfection  of  excreta...  2  16  4S3 
removal    of   articles    contaminated    with    in- 
fective  material    2  14  482 

reporting,   on  dairy  farms    2  8  4S0 

Circulars,    distribution    of 2  19  484 

Cleansing:: 

brushes,  combs,  cups,  etc.,  barber  shops 7  4  522 

manicures  and   chiropodists   7  5  523 

methods   and   precautions    2  46  495 

of    person 2  48  496 

of  rooms,  furniture  and  belongings,  required  2  45  494 

utensils    3  11503 

Code: 

enforcement   of    473 

legal   effect   of   473 

Commissioner  of  health,  see  State  Commissioner 
of  health. 

Common  carriers: 

duties   of,   in  epidemics    2  50  497 

placarding    by    2  51  498 

transportation  of  dead  bodies  by 7  9  524 

Common    drinking:    cups,    drinking    and    eating 

utensils,     forbidden     7  3  521 

Common    towel,    forbidden    7  2  521 

Condemning:   milk   vessels    3  10  503 

Conditions: 

for  issue  of  permit  for  labor  camp 5  6  514 

to  sell  milk  and  cream  3  5  501 

keeping  milk  for  sale   3  S  502 

selling    bottled    milk    3  9  502 

renewal  of  permit  to  sell  milk  and  cream..  3  6  502 

Who   may    prescribe    3  1  500 

County  medical  society,  certify  milk 3  13  504 


576 


Index 


Cows:  Chap.  Reg.  Page 

excluded  from  herd  after  tuberculin  test 3  13  505 

physical   examination   of    3  13  506 

3  13  507 

tuberculin   test    3  13  504 

3  13  505 

Cream,   see   milk   and   cream. 

Culture,   material  to   be    submitted 2  10  481 

cultures,    living,    of   disease   producing   bac- 
teria,  distribution  prohibited    , 2  43a  493 

Dairy  farms: 

destruction  of  food  in  certain  cases 2  38  491 

inspecting  and   scoring,  see  also  grades 3  4  501 

rated,   40   per   cent    3  5  501 

reporting  cases  of  communicable  disease  on  2  8  4S0 

disease   presumably   communicable 2  9  481 

required  to  be  clean  and  sanitary    3  5  501 

sale  of  food  forbidden  in  certain  cases 2  37  490 

Dealer   in   Milk,    see   permit,    designation,    grade 

Designation    of   milk   and    cream   grades 3  13  504 

Destruction : 

of  foods  in  certain  cases   2  38  491 

of  furniture,  clothing  and  other  articles....  2  47  496 

Diphtheria   (membranous  croup)  : 

a   communicable   disease    2  1  477 

carriers  of  disease  germs  2  40  492 

destruction  of  foods  in  certain  cases 2  38  491 

destruction  of  furniture,  clothing,  etc 2  47  496 

distribution  of  circulars   2  19  484 

duties   of  undertakers    2  52  49S 

exclusion  from  schools  and  gatherings 2  27  4S6 

exclusion   of  children  of  households 2  2S  4S7 

exposure  of  persons  affected  with 2  24  485 

handling  of  foods  forbidden  in  certain  cases  2  39  491 

instructions  as  to  disinfection  of  discharges  2  17  484 

letting  of  rooms  forbidden  2  49  496 

material  for  cultures  to  be  submitted 2  10  4 SI 

minimum  period  of  isolation  2  36  490 

needless  exposure  to    2  25  486 

posting    placards    2  20  4S5 

precautions  by  physicians  and  attendants..  2  18  484 

public    funerals    forbidden    2  53  499 

quarantine   in   certain   emergencies 2  34  4S9 

removal    of   articles    2  14  482 

removal    of    cases    2  13  482 

removal    to    hospital    from    lodging-houses, 

etc. 2  33  488 


IlSTDEX  577 

Diphtheria    (membranous   croup)  —  continued     Chap. Reg. Page 

removal  to   hospital  or  isolation 2  32  488 

reporting,   on  dairy  farms    2  8  480 

sale  of  food  forbidden  in  certain  cases 2  37  490 

Diploma    of   midwife    4  5  511 

Disease     producing     bacteria,     distribution     of 

living  cultures  prohibited    2  43a  493 

Diseases,  communicable: 

denned     1  1  476 

designated     2  1  477 

exposure  of  persons  affected  with   2  24  485 

handling    of  food   forbidden    2  39  491 

isolation  of   person  affected   with 2  11481 

needless   exposure  to,   forbidden    2  25  486 

preventing  spread   of,  in  institutions   2  22  485 

removal  of  cases  of   2  13  482 

reporting,  by  person  in  charge,  camps 5  18  517 

by    physicians     2  2  478 

in     institutions     2  3  478 

on    dairy   farms    2  8  480 

Diseases,  presumably,  communicable: 

in  camps,  to  be  isolated;  not  to  be  moved 

without  permission  of  health   officer 5  19  518 

reporting,    in   camps    2  6  479 

in    labor    camps,    etc 5  18  517 

on    dairy    farms     2  9  481 

in  hotels,  boarding  and  lodging  houses.  2  5  479 

in    schools     2  4  479 

in    private    household    2  5  479 

on    vessels    2  7  480 

Disinfection : 

of    belongings     2  45  4S4 

of    brushes,    barber   shops    7  4  522 

of    discharges    2  17  484 

of    excreta     2  16  483 

of   furniture,    premises,   etc    2  45  494 

of   hands    and   instruments,    manicures    and 

chiropodists     7  5  523 

of  hands  of  barber  7  4  522 

of    person    2  48  496 

of  rooms — 'methods  and  precautions    2  46  495 

placard — if  disinfection  not  complied  with.  2  49  496 

Display  of  permit  to   sell  milk  and  cream 3  7  502 

Dysentery,  amoebic  and  bacillary: 

a    communicable    disease    2  1477 

destruction   of  foods  in  certain  cases   2  38  491 

19 


578  Index 

Dysentery  —  continued  Chap. Reg. Page 

instructions  as  to  disinfection  of  excreta 2  16  483 

reporting  cases   on   dairy  farms    2  8  480 

sale  of  foods  forbidden  in  certain  cases 2  37  490 

Dysentary,    bacillary : 

carriers   of   disease  germs    2  40  492 

handling  of  food  forbidden  in  certain  cases  2  39  491 

Education   and   instruction   of   midwives    4  5  511 

Entrance,  right  of  entrance  and  inspection .  2  15  483 

Epidemic,    cerebrospinal    meningitis : 

a  communicable   disease 2  1477 

carriers    of   disease   germs    2  40  492 

destruction   of  foods  in  certain  cases    2  38  491 

distribution   of   circulars    2  19  484 

duties    of   undertakers    2  52  498 

exclusion  from  schools  and   gatherings   2  27  486 

exclusion  of  children  of  households  2  28  487 

instructions  as  to  disinfection  of  discharges  2  17  484 

letting    of    rooms   forbidden    2  49  496 

posting     placards     2  20  485 

public    funerals   forbidden    2  53  499 

quarantine   in    certain   emergencies    2  34  489 

removal    of    cases    2  13  482 

reporting  on  dairy  farms   2  8  480 

sale  of  foods  forbidden  in  certain  cases :  2  37  490 

Epidemic  or  streptococcus    (septic)    sore  throat: 

a    communicable    disease    2  1  477 

destruction  of  foods  in  certain  cases   2  38  491 

distribution   of  circulars    2  19  484 

exclusion  from  schools  and  gatherings 2  27  486 

handling  of  food  forbiuden  in  certain  cases  2  39  491 

instructions  as  to  disinfection  of  discharges  2  17  484 

removal    of    cases    2  13  482 

reporting   cases    on    dairy    farms    2  8  480 

sale  of  foods  forbidden  in  certain  cases   ...  2  37  490 

Equipment,    see    scoring    and    rating. 

Evidence : 

condemned   milk   vessel    to   be  held    as   evi- 
dence  

moral    character    of    midwife    

presumptive,  registration  of  midwife   4 

Exception: 

certain    cities    

cities      

cities     ... i 


3 

10  503 

4 

5  511 

4 

7  512 

7 

6  523 

5 

22  518 

fi 

7  520 

Index  579 

Exception  —  continued  Chap.  Reg.  Page 

city   of   New  York    3  15  508 

3  13  508 

New    York     4  12  513 

7  1-9  521 

Rochester     4  12  513 

midwives   registered   before   Jan.   1,   1915....  4  0  511 

physicians,  from  midwife  regulation    4  1  510 

Exclusion  from   school,  of  cases  of  disease  pre- 
sumably    communicable      2  26  486 

Exclusion  from  schools  and  gatherings : 

of  cases   of  certain  communicable  diseases.  2  27  486 

of  children  of  households   2  28  487 

Existing   regulations   not   rescinded    3  13  509 

Exposure : 

of   person   with    communicable   disease    for- 
bidden      2  24  485 

needless   exposure  to   communicable  disease  2  25  486 

Expiration  of  permit  to   sell  milk    3  1  500 

Food: 

destruction    of,   in   certain   cases    2  38  491 

handling  forbidden   in   certain   cases    2  39  491 

reports   of  food   poisoning    2  41492 

sale  of,  forbidden  in  certain   cases 2  37  490 

Furniture: 

cleansing  and   disinfection  of   2  45  494 

methods   of  cleansing  and   disinfection   2  46  495 

destruction    of 2  47  496 

German  measle  s : 

a    communicable    disease    2  1  477 

exclusion  from  schools  and  gatherings  2  27  486 

exclusion    of    children    in    households 2  28  487 

precautions  to   be  observed    2  29  4S7 

Glanders : 

a    communicable    disease 2  1477 

duties    of  undertakers    2  52  498 

Grades  of  milk: 

Grade    A    pasteurized    3  13  505 

A   raw    3  13  505 

B    pasteurized     3  13  507 

B   raw 3  13  506 

C  pasteurized 3'  13  508 

C   raw 3  13  508 

Head  of  private  household,  duty  to  report  dis- 
ease   presumably    communicable    2  5  479 


5  SO  Index 

Health  officer:  Chap. Reg. Page 

application  in  writing  for  permit  for  labor 

camp     5  5  514 

approve  toilet  facilities  of  camps 5  10  515 

authorized    to    permit   inspection    of   tuber- 
culosis   register   in    certain   cases    7  8  523 

certificate   required   for   school   attendance. .  2  26  486 

condemn  milk  vessels    3  10  503 

defined     1  1  476 

duties  in  respect  to: 

camps     5  3  513 

communicable  disease  on  dairy  farms..  2  8  480 

circulars     2  19  484 

diphtheria    cultures    2  10  481 

diphtheria,    scarlet   fever,   measles    2  32  488 

diphtheria,  scarlet  fever,  typhus  in  lodg- 
ing   houses    2  33  488 

food     poisoning     2  41  492 

notification       regarding      existence       of 

disease    on   premises    2  19  4S4 

nuisances     6  1  519 

placarding    rooms     2  49  496 

posting   placards    2  20  485 

quarantine    in    emergencies    2  34  489 

smallpox  contacts    2  30  488 

smallpox  —  isolation    or   removal    2  30  487 

tuberculosis,  apparent  case  of  2  42a  493 

furnish  copy  of  chap.   V  for  posting  in 

camp     5  8  515 

copy  of  water  rules  for  posting  in  camp  5  15  517 

inspect  and   score   dairy  farm    3  4  501 

for    issue    of    permit    to    sell    milk    and 

cream     3  5  501 

renewal  of  permit  to   sell   milk  and 

cream     3  6  502 

labor    camps    5  3  513 

may    accept    scoring    of   another    health 

officer     3  4  501 

•isolation     of     cases     of     disease    presumably 

communicable  in  camp,  to  be  approved  by  5  19  518 

Issue  permit  to  establish  labor  camp 5  4  514 

permit  to  son   milk  in  municipalities   3  1500 

keep  record  of  persons  having  access  to  tu- 
berculosis    register     7      8  524 


Index 


581 


Health  officer  —  continued  Chap.Reg.Page 

notify  of  change  in  source  of  milk  supply..  3  3  501 

of  location   of  labor  camp    5  2  513 

of  person  responsible  for  sanitary  con- 
dition of  camp    5  7  515 

of  vacation  of  labor  camp   5  4  514 

order  and  direction : 

cleansing,  renovation  and   disinfection..  2  45  404 

cleansing,   renovation  and  disinfection..  2  46  495 

destruction  of  furniture,  etc   2  47  40© 

permission  required : 

discontinuance    of    isolation    of    certain 

cases  2  32  4S8 

removal    of    articles    contaminated    with 

infected    matter    2  14  482 

removal      of      cases      of     communicable 

disease     2  13  482 

removable   of  cases    of   disease   presum- 
ably  communicable,   in   camps    5  10  518 

sale  of  food  from  farm  or  dairy 2  37  400 

Permit : 

for    labor    or   construction    camp,    when 

required 5  4  514 

application  5  5  514 

conditions   of  issuance;  revocation..  5  6  514 

surrender,  when  camp  is  vacated   . .  5  4  514 

for  sale  of  milk  or  cream,  required   3  1  500 

application    required    3  2  500 

conditions   of  issuance    3  5  501 

conditions    of   renewal    3  6  502 

public    display    of    3  7  502 

revocation   .    •    3  1  500 

Port  of  New  York : 

vessels  in  jurisdiction  excepted   2  13  482 

vessels   in  jurisdiction   excepted    2  14  482 

quarantine: 

of  persons  exposed  to   smallpox    2  30  488 

of  unvaccinated   persons   of  household..  2  30  487 
report  by : 

communicable  disease  on  dairy  farms..  2  8  480 

group    food    poisoning    2  41492 

monthly,      to      state      commissioner      of 

health,    required     7  7  523 


582  Index 

Health  officer  —  continued  Chap. Reg. Page 

report   to : 

communicable    disease,    by    physicians..  2  2  478 

in     institutions     2  3  478 

on  dairy  farms   2  8  480 

disease        presumably        communicable, 

camps     2  6  479 

dairy    farms     2  9  481 

hotels,  boarding  or  lodging  houses..  2  5  479 

labor    camps     5  IS  517 

schools 2  4  479 

vessels     2  7  480 

group  food  poisoning   2  41492 

interference  with   placards    2  21  4S5 

revoke    permit    to    sell   milk   and   cream 

for    cause    3  1  500 

Hospital: 

preventing  spread   of  communicable   disease 

in  2  22  485 

removal  of  smallpox  to  hospital  if  available  2  30  487 
removal  to   hospital  of  diphtheria,   measles, 

scarlet    fever     2  32  488 

removal    to    hospital    from    lodging    houses, 

hotels  or  boarding  houses   2  33  488 

reports   of  food   poisoning    2  41492 

Hotels : 

handling  of  food  forbidden  in  certain  cases  2  39  491 

letting  of  rooms  forbidden  2  49  496 

removal  of  cases   of  communicable  disease.  2  13  4S2 

removal   to   hospital,   or  isolation   2  33  4S8 

reporting  cases  of  diseases  presumably  com- 
municable       2  5  479 

Incubation,  maximum  period  of   2  35  4S9 

Infantile  paralysis,  see   poliomyelitis. 

Inoculation  with  living-  bacteria 2  43  493 

Inspection   of   dairy    farms    3  4  501 

Inspection   of  laboratories    2  44  494 

Inspection    of    location    and    sanitary    condition 

of    labor    camp    5  3  513 

Inspection,    right    of    entrance    and    2  15  4S3 

Institution : 

isolation   wards  in  institutions  for  children  2  23  486 
preventing  spread  of  communicable  disease 

in     institutions     2  22  485 

reporting  cases  of  communicable  disease 2  3  478 

report  food   poisoning   2  41  492 


Index  583 

Instruments:  Chap.Reg.Page 

of    chiropodists,    cleansing     7  5  523 

inidwives  not  to  use   4  10  512 

Isolation: 

adult     members     of    family     may     continue 

vocation,   except    smallpox    2  12  481 

cases  of  disease  presumably  communicable, 

camps    5  19  518 

minimum   period   of    2  30  489 

of  persons  affected  with  communicable  dis- 
ease     2  11  481 

on    dairy    farms     2  37  490 

or     removal     in     diphtheria,     scarlet    fever, 

measles     2  32  488 

or  removal  smallpox    2  30  487 

or    removal    from-  lodging    house,    hotel    or 

boarding    house    2  33  488 

or  quarantine  of  household    2  34  4S9 

removal   of  cases  after  isolation 2  13  482 

wards  required  for  institutions  for  children  2  23  485 
Labor   or   construction   camp: 

application    required    for    permit    5  5  514 

cases  of  disease  presumably  communicable; 

isolation    5  19  518 

reporting     5  18  51/ 

cases  of  food  poisoning  to  be  reported 2  41  492 

condition  of  issuance  of  permit;  revocation  5  G  514 

copy  of  chapter  V  to  be  posted   5  8  515 

disposal   of  wastes  from   privies    5  13  510 

duty  of  person  in  charge  to  see  that  chapter 

is    enforced     5  20  518 

garbage    disposal     5  14  517 

location  and  drainage  of  stables  5  16  517 

location    of    camp    with    respect    to    public 

water    supply     :...  5  9  515 

notice    of    establishment    5  2  513 

one   person    to   be   responsible   for   sanitary 

condition     5  7  515 

permit    required     5  4  514 

privies  between  50  and  200  feet  from  water's 

edge    5  12  516 

more  than  200  feet  from  water's  edge..  5  11  515 

supplementary  rules  and  regulations 5  21  518 

suitable   toilet  facilities    5  10  515 

to  be  kept  and  left  in  sanitary  condition  ...  5  17  517 

vacated,  permit  to  be  surrendered   5  4  f>14 

water  rules  to   be  observed    5  15  517 


584  Index 

Laboratories :  Chap. Reg. Page 

inspection    of     2  44  494 

make  bacterial  counts  in   milk    3  13  509 

Letting    of   rooms   forbidden    2  49  496 

License   to   practice   midwifery    4  1  510 

application    for     4  4  510 

qualifications    4  5  511 

revocation    4  9  512 

term  to  run   4  8  512 

Local   board  of   health,  action   on  nuisances....  6  3  519 

Local  health  authorities,  see  authorities,  health. 

Local  health  officer,  see  health   officer. 

Lodging  houses: 

letting    of   rooms   forbidden    2  49  496 

removal  of  cases  of  communicable  disease..  2  13  4S2 

removal   to    hospital,    or   isolation    2  33  488 

reporting     cases     of     diseases     presumaDly 

communicable    2  5  479 

Manicures   and   chiropodists    7  5  523 

regulations  to  be  posted,  exceptions 7  6  523 

Measles : 

a   communicable  disease   2  1  477 

distribution   of   circulars    2  19  484 

exclusion  from  schools  and  gatherings 2  27  486 

exclusion  of  children   of  households    2  28  487 

exposure   of  persons  affected  with    2  24  485 

handling  of  food  forbidden  in  certain  cases  2  39  491 

instructions  as  to  disinfection  of  discharges  2  17  484 
letting    of   rooms   forbidden    until   cleansed, 

etc 2  49  496 

maximum  period  of  incubation   2  35  489" 

minimum    period    of   isolation    2  36  490 

needless   exposure  to,  forbidden    2  25  -ISO 

precaution    by   physicians   and   attendants..  2  18  484 

posting    placards     2  20  485 

public    funeral     forbidden     2  53  499 

quarantine   in   certain    emergencies    2  34  489 

removal    of    cases    2  13  482 

removal  to  hospital  or  isolation,  etc 2  32  488 

Medicine,  midwives   forbidden   to   prescribe    ....  4  10  512 

Methods,  see  scoring  and  rating  of  dairy  farms. 

Midwives     4  1  510 

application    for    license    4  4  510 

ago,    minimum     4  5  511 

character     4  5  511 


Index  585 

Midwivcs —  continued  Chap. R«g. Page 

diploma     4  5  511 

instruction   and   experience    4  5  511 

Instruments,   forbidden    4  10  512 

license    and    registration    4  1510 

medicine,  forbidden    to    prescribe    4  10  512 

physician    excepted     4  1510 

qualifications 4  5  511 

qualifications  before  Jan.   1,   1915   4  6  511 

registration,   what  to  include   4  3  510 

revocation    of    license    4  9  512 

supplementary    rules    4  11  513 

version,   prohibited    4  10  512 

Milk   and    cream,  bacteria  in,   see   bacteria. 

certified     3  13  504 

conditions  for  keeping   3  8  502 

designation    of    3  13  504 

grading  of: 

Grade   A   pasteurized    3  13  505 

A    raw    3  13  505 

B    pasteurized     3  13  507 

B    raw     3  13  500 

C     pasteurized     3  13  508 

C   raw    3  13  508 

permits   for    sale   of    3  1  500 

sale  in  bottles   3  9  502 

Milk  vessels: 

care   and    cleaning    3  10  5031 

condition  when    sold   filled    3  8  502 

condemned   and   seized    3  10  503 

destroyed    or   marked 3  10  503 

Mumps: 

a    communicable    disease    2  1477 

exclusion  from  schools  and  gathering*   ....  2  27  480 

exclusion    of   children    of   households    2  28  487 

maximum  period   of  incubation  2  35  489 

minimum   period    of  isolation    2  30  490 

precautions   to   be  observed    2  29  487 

removal    of    cases    2  13  482 

Municipal    authorities    to    provide    medical    and 
nursing:    care    for    persons    in    lodging    house, 

hotel    or    boarding    house    2  33  489* 

Municipality     defined      1  1  4761 

permit  to  sell   milk  anu  cream  in   3  1  500 

Normal  labor   4  10  512 

Nuisances;    procedure    for    abatement    of 6  ..   519 


5S6  Index 

Nurse  — duty:  Chap. Reg. Page 

to   carry   out   disinfection   of  discharges 2  17  483 

to  carry  out  disinfection  of  excreta  2  16  483 

to  disinfect  person   2  48  496 

to    observe    precautions     2  18  484 

to  report  cases  of  disease  presumably  com- 

.  municable    2  6  479 

to   report  food   poisoning    2  41  492 

Ophthalmia  neonatorum,   a  communicable  dis- 
ease       2  1  477 

Para-typhoid   fever : 

a   communicable   disease    2  1  477 

instructions  as  to  disinfection  of  excreta  ...  2  16  483 

reporting,   on  dairy  farms    2  8  4S0 

Pasteurization     3  12  503 

Permit  to  sell  milk  in  municipalities    3  1  500 

application  for   3  2  500 

conditions    of    issue     3  5  500 

renewal 3  6  502 

expiration    3  1  500 

fee  prohibited    500 

issued  by  local  health  officer  3  1500 

public    display    of    3  7  502 

renewable     3  1  500 

revocation     3  1  500 

Person  affected  with  communicable  disease: 
adult   members   of  family   not   to   be   quar- 
antined   in    certain    cases    2  12  481 

disinfection   of    person    2  48  490 

exposure    forbidden     2  24  485 

isolation    of    2  13  482 

Person  in  attendance: 

to  carry  out  disinfection  of  discharges   ....  2  17  483 

to  carry  out  disinfection  of  excreta  2  16  483 

to  disinfect  person   2  48  496* 

to  observe   precautions   2  18  484 

Person    in    charge: 

dairy  farm  —  to  report  cases  of  disease  pre- 
sumably communicable  2  9  481 

dispensary : 

to   prevent   spread   of  infective  material  2  22  485 

to  report  communicable  diseases  2  3  478 

to   report  food   poisoning    2  41492 

hospital    or   institution: 

to  prevent  spread  of  infective  material..  2  22  485 

to  report  communicable  diseases   2  3  478 

to  report  food  poisoning   2  41  492 


Index  587 

Person  in  charge  —  continued  Chap. Reg. Page 

labor    or    other    camp: 

not  to  allow  removal  of  case  of  disease 

presumably   communicable    5     19  518 

to    notify    health    officer    of   vacation    of 

camp     5      4  514 

to    report    case    of    disease    presumably 

communicable     5    18  517 

to   report  food   poisoning    2    41492 

to   see  that  chapter   V  is   enforced    ....       5    20  518 
schools : 

to  exclude  cases  of  disease  presumably 

communicable     2    26  486 

to    report   cases    of    disease    presumably 

communicable     2      4  479 

Sunday   school: 

to   exclude  cases  of  disease  presumably 

communicable     2    26  486 

temporary  living  quarters ;  to  notify  health 

officer  of   location    5      2  513 

vessels : 

to    report    concerning    disease    presum- 
ably   communicable    2      7  480 

Physicians: 

called    by    midwife    4    10  512 

midwife  regulations   not  to  apply    4      1510 

duty: 

concerning    tuberculosis     2     42  492 

apparent  case  of   2  42a  493 

to   leave  instructions   as   to    disinfection 

of    discharges    2    17  484 

to    leave  instructions   as   to   disinfection 

of    excreta     2     16  483 

to  report  all  communicable  diseases  2      2  478 

to  report  communicable  disease  on  dairy 

farms     2      8  480 

to    report    food    poisoning    2    41492 

to  submit  material  for  cultures   2    10  481 

precautions     in     diphtheria,     measles     and 

scarlet    fever     2    18  484 

certificate     signed     by     physician,     counter- 
signed    by     health     officer,     required     for 

school    attendance     2    26  486 

Placards : 

common    carriers     2    51  498 

rooms  not  to  be  occupied  until  cleansed,  etc.      2    49  496 


588  Index 

Placards  —  continued  Chap. Reg. Page 

stating  existence  of  communicable  diease...  2  20  485 

interference   with,   forbidden    2  21  485 

Plague : 

a  communicable  disease  is..  2  1477 

duties    of    undertakers    2  52  498 

Poliomyelitis,         acute         anterior  (infantile 

paralysis) : 

a   communicable   disease    2  1  477 

carriers  of  disease  germs 2  40  492 

distribution   of  circulars    2  19  484 

exclusion  from  schools  and  gatherings   ....  2  27  480 

exclusion  of  children  of  households  2  28  480 

exposure    forbidden    2  24  4S5 

instructions  as  to  disinfection  of  discharges  2  17  483 

letting  of  rooms  forbidden  until  cleansed   . .  2  49  490 

posting    placards     2  20  485 

removal    of    cases    2  18  482 

Pollution  of  waters  prohibited    5  1  511 

Preservatives    in    certified    milk    3  13  502 

Printing   on   caps,  See   caps. 

Private       house,       presumably       communicable 

diseases  reported    2  5  479 

Public    display    of    permits    to    sell    milk    and 

cream     3  7  502 

Puerperal   septicaemia,   a   communicable    disease  2  1  477 

Qualifications: 

of  health   officers 523 

of   midwives    4  5  511 

of  midwives  before  January  1,  1915  4  (i  511 

public   health   nurses    525 

sanitary    supervisors    522 

supervising    nurses     524 

Quarantine: 

adults  not  to  be  quarantined  in  certain  cases  2  12  481 

in    certain    emergencies    2  34  489 

Rabips,    a    communicable    disease    2  1  477 

Rating   of  dairies,  see   scoring  and   rating. 

Registration,    midwives     4  1  510 

kept  by   state  commissioner  of  health 4  7  512 

presumptive     evidence     4  7  512 

required     4  3  l>j.O 

Removal: 

of     articles     contaminated      with      infective 

material     2  14  482 

of  cases   of  communicable   disease    2  13  482 


Index  589 

Removal  —  continued  Chap. Reg. Page 

or  isolation  in   certain    cases    2  32  *S8 

or  isolation  in  smallpox   2  30  4S7 

to  hospital  from   lodging  house,  etc 2  33  4S8 

Renewal  of  permit  to  sell  milk  and  cream 3  1  500 

condition  of  renewal   3  6  502 

Reporting  cases  of  communicable  disease: 

by   physicians    2  2  478 

in  institutions,  by  superintendent  or  person 

in    charge    2  3  47S 

on    dairy    farms,    by    physicians    or    health 

officer     2  8  4S0 

Reporting    cases    of    disease   presumably   com- 
municable: 

in  camps,  by  nurse  or  person  in  charge  ...  2  6  479 
in  hotels,  boarding  and  lodging  houses,  by 

proprietor  or  keeper 2  5  479 

in   schools,  by  teacher,   principal  or  person 

in     charge     2  4  479 

on    dairy    farms,    by    owner    or    person    in 

charge 2  9  4S1 

on  vessels,  by  master  or  person  in  charge.  2  7  480 
Reporting      food      poisoning,      by      physician, 
superintendent   or   person  in  charge,  and  by 

health    officer     2  41  492 

Reports,    monthly,    of   health    officers,    required.  7  7  523 
Restaurant,     handling     of    food     forbidden    in 

certain    cases    2  39  491 

Revocation   of  midwives'   license    4  9  512 

permit  to  sell  milk  and  cream  3  1  500 

Sanitary    supervisor    score    dairy    3  5  501 

3  6  502 
Scarlet  fever: 

a   communicable   disease    2  1  477 

destruction  of  foods  in  certain  cases  2  38  491 

destruction  of  furniture,   clothing,  etc     2  47  496 

distribution  of  circulars   2  19  484 

duties    of    undertakers    2  52  498 

exclusion  from   schools  and   gatherings    ...  2  27  4S6 

exclusion  of  children  of  households   2  28  487 

exposure  of  persons  affected  with   2  24  4S5 

handling  of  foods  forbidden  in  certain  cases  2  39  491 

instructions  as  to  disinfection  of  discharges  2  17  484 

letting  of  rooms  forbidden  until  cleansed..  2  49  496 

maximum    period    of  incubation    2  35  4S9 

minimum    period    of   isolation    2  36  490 

needless   exposure    to    2  25  486 


590  Index 

Scarlet  fever  —  continued  Chap. Reg. Page 

posting1     placards     2  20  485 

precautions  by  physicians  and  attendants..  2  18  484 

public    funerals   forbidden    2  53  499 

quarantine   in   certain  emergencies    2  34  489 

removal    of   articles 2  14  482 

removal    of    cases     2  13  482 

removal  to  hospital  from  lodging  houses,  etc.  2  33  488 

reporting   on   dairy   farms    2  8  4S0 

removal  to  hospital  or  isolation,  etc 2  32  488 

sale  of  foods  forbidden  in  certain  cases  ...  2  37  490 

Schools : 

exclusion    of    cases    of    disease    presumably 

communicable     2  26  486 

exclusion    from    schools    and    gatherings  — 

certain    communicable   diseases    2  27  486 

exclusion   of  children   of   households 2  28  487 

persons    affected    with    chickenpox,    German 

measles,    mumps,    or   whooping    cough 2  29  4S7 

reporting  cases  of  disease  presumably  com- 
municable       2  4  479 

Scoring:  and   rating:   dairy  farms 3  4  501 

grade  of  milk  produced,  score 3  13  505 

506 
507 
508 

for  issue  of  permit  to  sell 3  4  501 

renewal  of  permit  to  sell 3  6  502 

per  cent,   of  score 3  5  501 

protest   of  score,   sanitary   supervisor 3  5  501 

3  6  502 

substitute  for   bacteria   count 3  13  509 

Score    card    for    dairy    farms,   form    used 3  4  501: 

Sealing-,    pasteurized    milk 3  12  504 

Smallpox: 

a   communicable    disease    2  1  477 

adults  to  be  quarantined 2  12  481 

control    of   contacts    2  30  48S 

destruction  of  foods  in  certain  cases 2  38  491 

destruction  of  furniture,  clothing,   etc 2  47  490 

distribution    of   circulars    2  19  4S4 

duties   of  undertakers    2  52  498 

exclusion  from  schools  and  gatherings 2  27  4S6 

exclusion   of  children    of  households 2  291487 

exposure  of   persons   affected   with 2  24  485 

Instructions  as  to  disinfection  of  discharges.  2  17  4S4 

isolation    or    removal 2  30487 


Index  591 

Smallpox  —  continued  Chap. Reg. Page 

letting   of   rooms    2  49  490 

maximum  period  of  incubation   2  35  4S9 

minimum   period    of  isolation 2  36  490 

needless  exposure  to   2  25  4SG 

precautions  by  physicians  and  attendants..  2  18  484 

provision   for  free   vaccination 2  31  4SS 

posting    placards    2  20  4S5 

public  funerals  forbidden 2  53  499 

removal  of  articles 2  14  4S2 

removal   of  cases 2  13  4S2 

reporting   on   dairy  farms 2  8  4S0 

sale  of  foods  forbidden  in  certain  cases....  2  37  490 

Spitting  in  public  places  forbidden 7  1  520 

Standard    of   pasteurization    3  12  501 

State    commissioner    of    health: 

declare  existence   of  epidemic 2  50  497 

inoculation   with    living   bacteria 2  43  493 

Inspection  of  laboratories 2  44  494 

laboratory    approved 2  10  481 

laboratory  for  bacteria   count  approved 3  13  509 

license   midwives    4  1  510 

may   make    supplementary    rules 4  11513 

may   order  destruction   of  food 2  38  491 

may   revoke  license  to  practice  midwifery..  4  9  512 

may  revoke  permit  for  sale  of  milk  or  cream  3  1  500 

may    revoke   labor   camp    permit 5  6  512 

monthly  reports  to,  by  health  officers 7  7  523 

notice  to  presiding  officer  to  convene  board 

to  take  action  on  nuisance 6  5  520 

placarding  of  common  carriers 2  51  498 

ports   or   landings   designated   by 2  7  480 

prescribe  form : 

application  for  permit  to  establish  labor 

camp  .  . ...  5  6  514 

to   sell  milk    *  . .  3  2  500 

for  midwife's  license   4  4  510 

score  card  for  dairy  farms 3  4  501 

.      register  midwives,  to  be  kept  by 4  7  512 

revoke   midwife's  license  for  cause    4  9  512 

•     report  to,  of  communicable  disease  on  dairy 

farm 2  S  480 

of    food    poisoning    2  41492 

Supplementary   regulations : 

power  of  local   aiithorities 3  14  509 

;       of  midwives   made  by  state  department  of 

health    4  11  513 


592 


Index 


Chap.  Reg.  Page 

Term   of   midwife's    license 4  8  513 

Time   of   taking   effect: 

milk    regulations    3  15  509 

midwife    regulations    4  12  513 

Time  limit  for   delivery   of  milk,   see   grades   of 
milk,  395,  306,  397,  308. 

Trachoma : 

a    communicable    disease 2  1477 

exclusion  from  schools  and  gatherings 2  27  4S6 

Transportation    of    dead    bodies    by    common 

carriers 7  9  524 

Tuberculosis: 

a   communicable   disease    2  1477 

apparent  cases,   report  of 2  42a  493 

duties   of  physicians  and   others 2  42  492 

register,    identity     of    persons    not    to     be 

divulged   7  8  523 

local    health    officers    authorized    to    permit 

inspection  of,  in  certain  cases 7  8  523 

Tuberculin   test   for    cows 3  13  504 

3  13  503 

Typhoid  fever: 

a  communicable   disease 2  1477 

carriers   of   disease   germs    2  40  402 

destruction  of  foods  in  certain  cases 2  38  491 

distribution   of  circulars    2  19  484 

handling  of  food  forbidden  in  certain  cases.  2  39  491 

instructions  as   to   disinfection  of  excreta..  2  16  4S3 

removal  of  articles   2  14  4S2 

reporting   on   dairy   farms 2  S  4S0 

sale  of  food  forbidden  in  certain  cases 2  37  400 

Type  on  milk  bottle  caps,  see  caps. 

Typhus  fever: 

a    communicable    disease 2  1477 

distribution    of   circulars 2  10  484 

duties   of  undertakers 2  52  498 

exposure   of   persons   affected 2  2\  4 S3 

letting    of    rooms    forbidden 2  49  49<y 

needless    exposure    to    2  25  4Q6 

porting    placards    2  20  485 

p*lbllc    funeral     forbidden 2  53  499 

quarantine   in   certain   emergencies 2  34  4S9 

removal   of  articles 2  14  4S2 

removal    of    cases 2  13  4S2 

removal  to  hospital  from  lodging  house,  etc.  2  33  488 


Ijstdex  593 

Chap. Reg. Page 

Undertakers,     duties     of 2  52  498 

Utensils : 

milk,   to   be  cleansed 3  11503 

of     chiropodists     and     manicures,     to     kept 

clean  and  sanitary    7  5  523 

of  undertakers,   to    be  cleansed,   disinfected 

or    sterilized    2  52  499 

Vaccination,  to   be  provided  at  public   expense 

by    board    of   healtn 2  31  4S8 

Version,   midwives   forbidden  to   perform 4  10  512 

Vessels,  see   also   milk  vessels : 

removal  of  articles  from 2  14  4S2 

removal    of   cases    of   communicable   disease 

from 2  13  482 

reporting  cases  of  disease  presumably  com- 
municable     2  7  4S0 

Villages,     permit     required     to     sell     milk     and 
cream,  see  municipalities. 

Violations   declared  to  be  misdemeanors 1  2  476 

Waiter  handling:  food  forbidden  in  certain  cases  2  39  491 
Waitress    handling;   food     forbidden    in     certain 

cases   .   2  39  491 

Water    supply,    location    of    camp    with    respect 

to   5  5  515 

When  to  take  effect: 

Chapter  I    1  3  477 

Chapter  II    2  54  500 

Chapter  III    3  15  509 

Chapter  IV   4  12  513 

Chapter  V    5  22  51S 

Chapter  VI    6  1  520 

Chapter  VII    7  1,2,3  521 

4,5 

6,  7  523 
8,  9  524 
Whooping:  coug;h: 

a   communicable    disease    2  1  477 

distribution    of   circulars 2  19  4S4 

exclusion  from  schools  and  gatherings 2  27  4S6 

exclusion  of  children   of  households 2  28  487 

instructions  as  to  disinfection  of  discharges  2  17  484 

maximum  period  of  incubation 2  35  4S9 

minimum   period   of   isolation 2  36  490 

needless   exposure  to 2  25  4S6 

precautions   to   be  observed 2  29  487 

removal   of  cases 2  13  4S2 


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